United States v. Pedro Mauricio-Trujillo

MEMORANDUM

Pedro Mauricio-Trujillo appeals from thé district court’s judgment and challenges the 37-month sentence imposed following his guilty-plea conviction for attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Mauricio-Trujillo contends that the district court violated Federal Rule of Criminal Procedure 32(i)(3) by failing to resolve an alleged factual dispute concerning his motive for attempting to reenter the United States. The district court did not violate Rule 32 because there was no factual dispute to resolve; the only issue was the weight to be given to Mauricio-Trujillo’s alleged motive. See United States v. Pe- in, 731 F.3d 833, 841 (9th Cir.2013) (Rule 32 does not require district court to address assertions that are not factual objections to the PSR).

Mauricio-Trujillo next contends that the district court procedurally erred by (1) failing to respond to his argument regarding his reason for reentry, and (2) imposing sentence based on clearly erroneous facts. The record reflects that the district court adequately addressed Mauricio-Trujillo’s argument concerning his motivations for…