United States v. Nicolas Munoz-Candelario

MEMORANDUM

Nicolas Munoz-Candelario appeals from the 63-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to sell between 50 .and 100 kg of marijuana under 21 U.S.C. §§ 846 , 841(a)(1), 841(b)(1)(c), possession with intent to sell between 50 and 100 kg of marijuana under 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(c), and illegal reentry under 8 U.S.C. § 1326 (a), with a sentencing enhancement pursuant to 8 U.S.C. § 1326 (b)(2).

1.The district court did not improperly rely on 2001 and 2004 convictions listed in the presentence report (“PSR”) as part of Munoz-Candelario’s criminal history. Munoz-Candelario never objected to the contents of the PSR. “[T]he district court may rely on undisputed statements in the PSR at sentencing.” United States v. Ameline, 409 F.3d 1073, 1085 (9th Cir.2005) (en banc); see also Fed.R.Crim.P. 32(i)(3)(A) (providing that a sentencing court “may accept any undisputed portion of the pre-sentence report as a finding of fact”). The district court therefore properly relied on the criminal history set out in the PSR.

2. The district court properly grouped the illegal reentry conviction separately from the drug…