Chacon-Sanchez
United States v. Chacon-Sanchez
Opinion
Lead Opinion
MEMORANDUM **
Jose Trinidad Chacon-Sanchez (“Appellant”) appeals from the sentence imposed by the district court following his guilty plea to a violation of 8 U.S.C. § 1326 , being an alien found in the United States following deportation. We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and we affirm.
The district court did not abuse its discretion in relying on the presentence report (“PSR”) and the probation officer’s testimony to add one criminal history point for Appellant’s 1991 conviction for driving under the influence and driving with a suspended license. 1 The computerized criminal history on which the PSR relied was reliable, and the probation officer “had no reason to prevaricate.” United States v. Marin-Cuevas, 147 F.3d 889, 895 (9th Cir.1998). The PSR accordingly bore “sufficient indicia of reliability” to be considered at sentencing. Id. Appellant has challenged the reliability of the computerized search in only a vague way, merely asserting that the search is not always accurate, but he has presented no evidence to substantiate this claim. Furthermore, although Appellant challenged the accuracy of the PSR, by denying that he was…