Velasquez-Reyes

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, No. 04-30292 v.  D.C. No.

CR-03-02122-WFN

JAVIER VELASQUEZ-REYES, a.k.a. Javier Alvarado-Hernandez, OPINION Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of Washington Wm. Fremming Nielsen, Senior Judge, Presiding

Argued & Submitted September 16, 2005—Seattle, Washington

Filed November 8, 2005

Before: Before: Mary M. Schroeder, Chief Judge, Arthur L. Alarcón and Edward Leavy, Circuit Judges.

Opinion by Judge Alarcón

15233 UNITED STATES v. VELASQUEZ-REYES 15235

COUNSEL

Anne Walstrom and Kurt Rowland, Federal Defenders of Eastern Washington and Idaho, Yakima, Washington, for the defendant-appellant. 15236 UNITED STATES v. VELASQUEZ-REYES James P. Hagarty, Assistant United States Attorney, Yakima, Washington, for the plaintiff-appellee.

OPINION

ALARCÓN, Circuit Judge:

Defendant Javier Velasquez-Reyes appeals from the order sentencing him to 48 months of imprisonment on the ground that the district court erred in imposing a 16-level enhance- ment…