Sanchez-Rodriguez

MEMORANDUM **

Fernando Sanchez-Rodriguez, an alien convicted of illegal re-entry, 8 U.S.C. § 1326 , appeals his forty-one-month sentence, contending that the district court erred in applying a sixteen-point sentencing enhancement under U.S.S.G. § 2L1.2(a)(l)(A) for his 1996 California state burglary conviction.

For the first time on appeal, Sanchez-Rodriguez argues that the district court erred by failing to employ the modified categorical approach developed in Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), and Ye v. INS, 214 F.3d 1128, 1134 (9th Cir.2000), in analyzing whether his conviction under California Penal Code § 459 is an aggravated felony under 8 U.S.C. § 1101 (a)(43). Sanchez-Rodriguez failed to object on this basis, however, either in his written objections to the Presentence Report or at his sentencing hearing. Because Sanchez-Rodriguez failed to object to the accuracy of the Presentence Report, the district court did not err in relying upon it. United States v. Romero-Rendon, 220 F.3d 1159 (9th Cir.2000) (district court may rely solely on an unchallenged Presentence Report, which includes the statute of conviction, as clear and…