Guerra-Fion

MEMORANDUM ***

Hector Guerra-Fion appeals from the sentence imposed following his guilty plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326 . He contends that his prior 1986 state conviction for attempted murder and attempted mayhem should not have been used as an aggravated felony to enhance his sentence because he was not represented by counsel at the state trial. Because the parties are familiar with the facts, we do not discuss them here.

Guerra-Fion argues that the district court abused its discretion in failing to grant him an evidentiary hearing. He sought to introduce testimony that he did not validly waive counsel at his 1986 state trial. The district court had before it the California Court of Appeals opinion affirming Guerra-Fion’s conviction, describing the circumstances under which GuerraFion waived counsel, and finding that Guerra-Fion’s knowing and intelligent waiver of counsel unequivocally appeared on the record. Although Guerra-Fion contends that the copy of the unpublished opinion should have been certified, he made no objection to the introduction of the opinion at the sentencing hearing. It was not an abuse of discretion to refuse…