Hernandez

MEMORANDUM **

Maximino Hernandez pled guilty to three counts of possession with intent to distribute methamphetamine. 21 U.S.C. § 841 (a)(1). He challenges the 210 month sentence imposed by the district court. Finding no evidence of error or abuse of discretion, we affirm. Because the parties are familiar with the facts and procedural history of this case, we will not recount them here.

1. Mr. Hernandez contends that at sentencing, the district court did not have a full and complete understanding of his role in the charged offense because of deficiencies in the presentence investigation report (“PIR”). Although he does not allege on appeal that any of the factual findings in the PIR were false, Mr. Hernandez contends that it was incomplete and thus exaggerated his involvement in the criminal scheme. The burden is on the defendant to present evidence that would cast doubt on the reliability of the PIR. United States v. Kimball, 975 F.2d 563, 567 (9th Cir. 1992). When given the opportunity to present additional facts at his sentencing hearing, however, Mr. Hernandez, represented by counsel, declined. Thus, he has not demonstrated that the information in the PIR was either false or…