United States v. Victor Garcia-Garcia

MEMORANDUM

Victor Garcia-Garcia appeals from the district court’s judgment and challenges the 72-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Garcia-Garcia contends that the district court erred in applying a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(i) because the documents used to prove that he suffered a 1998 conviction for possession or purchase of a controlled substance for sale, in violation of section 11351 of the California Health and Safety Code, were not sufficiently reliable to establish that he was the person who suffered that conviction. Notwithstanding the minor inconsistency between the charging document for Garcia-Garcia’s prior offense and his rap sheet, the district court did not abuse its discretion by concluding that the fingerprint-verified rap sheet was sufficiently reliable to show that Garcia-Garcia was convicted of the 1998 offense. See United States v. Alvarado-Martinez, 556 F.3d 732, 735 (9th Cir.2009) (per curiam).

Garcia-Garcia also contends that his sentence is substantively…