Jimenez-Jauregui

MEMORANDUM **

Martin Jimenez-Juaregui appeals the 92-month sentence imposed following his jury trial conviction to unlawful reentry after deportation in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 18 U.S.C. § 3742 (a), and we affirm in part, and vacate and remand in part.

Jimenez-Juaregui contends the district court erred by denying his request for a two-point reduction for acceptance of responsibility under U.S.S.G. § 3E1.1(a). We review the district court’s determination that Jimenez-Juaregui is not entitled to this reduction for clear error, United States v. Dia, 69 F.3d 291, 292 (9th Cir. 1995), and we are satisfied that JimenezJuaregui “[was] not the rare defendant who accepts responsibility after trial.” United States v. Sotelo, 109 F.3d 1446, 1449 (9th Cir.1997).

Jimenez-Juaregui also contends that the district court erred by increasing his base offense level 16 levels under U.S. Sentencing Guidelines § 2L1.2(b)(l)(A) based on a finding that he had been previously deported following an aggravated felony conviction. The qualifying aggravated felony was Jimenez-Juaregui’s prior conviction of Felony Driving Under the Influence of Intoxicating Liquor,…