Mercado-Rosales

MEMORANDUM **

Raul Mercado-Rosales appeals his 46-month sentence imposed following his guilty plea to unlawful reentry of a deported alien, in violation of 8 U.S.C. §§ 1326 . We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Mercado-Rosales contends that the district court erred by relying on insufficient evidence of a prior aggravated felony (Assault with Intent to Commit Rape under Cal. Pen.Code § 220) to enhance his base offense level by sixteen levels under U.S.S.G. § 2L1.2(b)(l)(A).

We review de novo whether the aggravated felony provision of U.S.S.G. § 2L1.2(b)(l)(A) is applicable to a particular conviction for illegal re-entry after deportation under 8 U.S.C. § 1326 (b). United States v. Trinidad-Aquino, 259 F.3d 1140, 1142 (9th Cir.2001).

An enhancement under U.S.S.G. § 2L1.2(b)(l)(A) is proper where, as here, an unchallenged presentence report cites the statute defining the aggravated felony and that statute facially qualifies as an aggravated felony under federal sentencing law. See United States v. Romero-Rendon, 220 F.3d 1159, 1162-65 (9th Cir. 2000); see also 8 U.S.C. § 1101 (a)(43)(F) (defining aggravated felony as “a crime of…