Bertan-Manguia

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, No. 06-30118 v.  D.C. No.

CR-05-00169-LRS

CANDELARIO SILVESTRE BELTRAN-

MUNGUIA, OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of Washington Lonny R. Suko, District Judge, Presiding

Argued and Submitted November 14, 2006—Seattle, Washington

Filed June 7, 2007

Before: Pamela Ann Rymer, Marsha S. Berzon, and Richard C. Tallman, Circuit Judges.

Opinion by Judge Berzon; Concurrence by Judge Rymer; Concurrence by Judge Tallman Kathleen Moran, Federal Defenders of Eastern Washington & Idaho, Spokane, Washington, for the defendant-appellant.

James A. McDevitt, Acting United States Attorney for the Eastern District of Washington, Spokane, Washington; Pamela J. Byerly, Assistant United States Attorney, Spokane, Washington, for the plaintiff-appellee.

OPINION

BERZON, Circuit Judge:

Candelario Silvestre Beltran-Munguia pleaded guilty, under 8 U.S.C. § 1326, to unlawful reentry into the United States. Sentences for that offense are governed by…