Arronez-Escobedo

MEMORANDUM **

Rufino Arronezr-Escobedo appeals his sentence of eighty-four months’ imprisonment following his conviction of being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . He argues that the district court erred in denying him the additional one-level acceptance of responsibility reduction provided under U.S.S.G. § 3El.l(b) (1998). 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The Government argues that Arronez-Escobedo waived the argument that he was entitled to the additional one-level reduction by failing to raise the issue in the district court. We disagree. Arronez-Escobedo did not file any objections to his Presentence Report (“PSR”), which recommended that the district court grant the two-level acceptance of responsibility reduction under § 3El.l(a) but deny the additional one-level reduction under subsection (b), and he did not argue for the three-level reduction at his sentencing hearing. However, because Arronez-Escobedo did not affirmatively confirm the factual accuracy of the PSR, his failure to raise the § 3El.l(b) argument was a forfeiture, not a waiver. See United States v. Jimenez, 258 F.3d 1120 , 1124 &…