Morales-Escobedo

MEMORANDUM

Victor Morales-Escobedo appeals his 77-month sentence resulting from his jury conviction for attempted re-entry after de *804 portation, in violation of 8 U.S.C. § 1326 , and making a false claim to U.S. citizenship, in violation of 18 U.S.C. § 911 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Morales-Escobedo first contends that 8 U.S.C. § 1326 violates due process because it uses the outcome of an administrative adjudication, during which the right to counsel does not attach, as an element of the offense. This argument is without merit. We have previously held that using the outcome of an administrative adjudication “as an element of the criminal offense of reentry under 8 U.S.C. § 1326” does not violate either the Fifth or Sixth Amendments to the United States Constitution. United States v. Lara-Aceves, 183 F.3d 1007, 1009 (9th Cir.1999), cert. denied, 528 U.S. 1095 , 120 S.Ct. 836 , 145 L.Ed.2d 702 (2000).

Morales-Escobedo also appeals the district court’s decision to enhance his sentence by 16 levels pursuant to the Sentencing Guidelines § 2L1.2(b)(l)(A) (1998). Morales-Escobedo argues that the district court erred by relying solely on…