United States v. Glenn Ibarra-Figueroa

MEMORANDUM

Defendant Ibarra-Figueroa challenges his sentence for illegal reentry in violation of 8 U.S.C. § 1326 . Defendant pleaded guilty without a plea agreement and the district court, after adopting the Pre-Sen-tence Report (“PSR”), sentenced him to 46 months, at the low end of the guidelines. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

In calculating the guidelines range, the PSR cited to the charging document and plea agreement from the defendant’s drug-trafficking conviction that led to his original removal. The PSR used these documents to apply the modified categorical approach and conclude the defendant had been removed for a drug-trafficking offense. The district court relied on the PSR, but the government never submitted certified copies of the record of conviction. The defendant did not object below but argues on appeal that the district court’s rebanee on the PSR was plain error. The defendant also argues that the sentence is substantively unreasonable because it failed to take into account his cultural assimilation and time served in Arizona prison.

The district court may have erred, but it did not plainly err by adopting the PSR’s reliance on…