Garcia-Barragan
United States v. Garcia-Barragan
Opinion
Lead Opinion
MEMORANDUM **
Ernesto Garda-Barragan appeals his 48-month sentence imposed following a guilty plea to illegal reentry of a previously deported alien, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.
Garda-Barragan argues that the district court erred in counting a prior theft conviction as an aggravated felony when calculating his offense level, because he was not sentenced to a term of imprisonment until his subsequent probation revocation. 2 We review de novo the district court’s interpretation of the Sentencing Guidelines, United States v. Flores, 93 F.3d 587, 591 (9th Cir.1996), and conclude that Garcia-Barragan’s contention fails.
The district court properly regarded the sentence imposed upon revocation of probation as part of the original sentence. See United States v. Patterson, 230 F.3d 1168, 1171 (9th Cir.2000) (recognizing that, while different portions of criminal sentence have different objectives, entire sentence is based upon original conviction); United States v. Brown, 59 F.3d 102, 104-05 (9th Cir.1995) (per curiam) (considering revocation of probation as reinstatement of sentence for…