United States v. Manuel Valdez

MEMORANDUM

Defendant-Appellant Manuel Moreno Valdez pleaded guilty to illegally re-entering the United States after removal. 8 U.S.C. § 1326 (a) (2012). Moreno appeals his sentence. We review the district court’s factual findings at sentencing for clear error, and we affirm. United States v. Alvarado-Martinez, 556 F.3d 732, 734 (9th Cir.2009).

In the district court, Moreno objected to the calculation of his criminal history, which relied bn California Department of Corrections (CDC) records detailing Moreno’s movement in the prison system. Moreno argues that the district court committed clear error in finding that in 1998 Moreno suffered a parole revocation for a 1996 conviction because the CDC records were not sufficient to prove that Moreno’s parole for the 1996 conviction was ever revoked.

We disagree. The CDC records were sufficient to support, by a preponderance of the evidence, the district court’s finding that Moreno’s parole for the 1996 conviction was revoked. Alvarado-Martinez, 556 F.3d at 736 . Moreno does not contest that the CDC records record his movements while imprisoned. Nor does Moreno argue that he was not in custody in 1998. Rather, Moreno argues that the…