Fernandez-Elizalde

MEMORANDUM **

Francisco Fernandez-Elizalde appeals the 37-month sentence imposed after his guilty-plea conviction to illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 18 U.S.C. § 3742 , and affirm.

Fernandez-Elizalde contends the district court erred by improperly calculating his criminal history score. We review de novo the district court’s determination that a prior conviction may be used in calculating the criminal history score, see United States v. Allen, 153 F.3d 1037, 1040 (9th Cir.1998), and find no error.

Fernandez-Elizalde argues the district court’s use of his 1995 misdemeanor conviction violated United States v. Akins, 276 F.3d 1141, 1149 (9th Cir.2002), which held a defendant must be advised of the dangers of self-representation before the waiver of the right of counsel can be deemed knowing and intelligent.

Fernandez-Elizalde’s reliance on Akins is misplaced, however, because the record in Akins did not contain a colloquy regarding Akins’ Sixth Amendment rights. Id. at 1145 & n. 1. In contrast, the record here demonstrates Fernandez-Elizalde was orally informed of his right to counsel, and the trial court found…