United States v. Rafael Lopez-Parra

995 F.2d 234 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Rafael LOPEZ-PARRA, Defendant-Appellant. No. 91-50747. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1992. Submission Withdrawn Nov. 10, 1992. Resubmitted May 24, 1993. Decided May 28, 1993. Before D.W. NELSON, HALL and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Rafael Lopez-Parra appeals from his sentence of 30 months imprisonment following a guilty plea to one count of transporting an undocumented alien in violation of 8 U.S.C. § 1324 (a)(1)(B). He claims that the sentencing judge improperly considered a prior state conviction in determining his criminal history under the Sentencing Guidelines because the conviction was constitutionally invalid. The district court had jurisdiction under 18 U.S.C. § 3231 , and this Court has jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We affirm. 3 * As a threshold matter, the…