United States v. Juan Pablo Delgado

MEMORANDUM

Juan Pablo Delgado appeals his conviction and 55-month sentence for illegal reentry into the United States after deportation, 8 U.S.C. § 1326 , and for being an alien or felon in possession of a firearm, 18 U.S.C. § 922 (g)(1), (5)(A). On appeal, Delgado argues that the district court: (a) erred in convicting him under § 1326(b)(2) in addition to § 1326(a); (b) abused its discretion in denying his motion to continue the sentencing hearing so he could attempt to retain private counsel; and (c) plainly erred in assessing two additional criminal history points under § 4Al.l(d) of the Sentencing Guidelines.

I.

We review whether the district court properly entered judgment pursuant to both § 1326(a) and § 1326(b)(2) de novo. United States v. Rivera-Sanchez, 222 F.3d 1057, 1061 (9th Cir.2000).

Section 1326(a) defines the offense of illegal reentry and prescribes a maximum two-year sentence of imprisonment. 8 U.S.C. § 1326 (a). Section 1326(b)(2) is a sentencing-enhancement provision that increases the maximum sentence under § 1326(a) to 20 years if the alien’s removal was subsequent to conviction for an aggravated felony. 8 U.S.C. § 1326 (b)(2); United States v.…