Barreto-Guzman

United States v. Barreto-Guzman

Good Law
12 F. App'x 544
United States Court of Appeals for the Ninth CircuitJune 21, 2001No. 00-10436; D.C. No. CR-99-00485-JBRCalifornia729 words

Opinion

Lead Opinion

MEMORANDUM **

Juan Manuel Barreto-Guzman appeals the 57-month sentence imposed by the district court following his guilty-plea conviction for unlawful reentry after deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate and remand.

Barreto-Guzman contends that there was insufficient proof that his prior Idaho convictions for burglary and grand theft were aggravated felonies for purposes of an enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(1998). Because BarretoGuzman failed to object to the district court’s use of his prior convictions to apply an aggravated felony enhancement, we review for plain error. United States v. Marin-Cuevas, 147 F.3d 889, 892-93 (9th Cir.1998). In order for an appellate court to exercise its discretion to correct an error not raised in the lower court, the error must be plain, affect substantial rights, and seriously affect the fairness, integrity, or public reputation of judicial proceedings. Id. at 893 .

*546 While a pre-sentence report (PSR) may provide sufficient indicia of reliability to allow a sentencing judge to rely on it for consideration of aggravated felonies, see United States v.…

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