United States v. Nicolas Franco-Flores

Appellant Nicholas Franco-Flores appeals the district court’s assessment of pri- or convictions in calculating his criminal history category.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court’s ruling.

FACTUAL AND PROCEDURAL BACKGROUND

On September 26, 2006, the grand jury for the U.S. District Court for the District of Nevada returned an indictment charging Nicolas Franco-Flores with two counts of being an Illegal Alien in Possession of a Firearm, 18 U.S.C. §§ 922 (g)(5), 924(a)(2) (“Counts 1 and 2”), two counts of Distribution of a Controlled Substance-Methamphetamine, 21 U.S.C. § 841 (a)(1) (“Counts 3 and 4”), and one count seeking forfeiture of arms, 18 U.S.C. §§ 922 (g)(1), 924(d) (“Count 5”). Pursuant to a plea agreement, Franco-Flores entered a plea of guilty to Counts 1 and 4. Counts 2 and 3 were dismissed and the firearms were forfeited.

According to the presentence report (“PSR”), in February 2003, prior to his federal charges, Franco-Flores pleaded guilty to a charge of Possession of a Controlled Substance in the Second Judicial District Court of Washoe County, Reno, Nevada (the “state court offense”), and was remanded to state…