Estrada-Tufino

MEMORANDUM **

Jose Luis Estrada-Tufino appeals the district court’s imposition of a thirty-month sentence after Estrada-Tufino pled guilty to one count of illegal reentry by a deported alien in violation of 8 U.S.C. § 1326 (a). Estrada-Tufino contends that the sentencing enhancement of U.S.S.G. § 2L1.2(b)(1)(B) can only apply if his prior drug-trafficking conviction resulted in prison time.

We review the district court’s application of U.S.S.G. § 2L1.2(1)(B) for plain error because Estrada-Tufino failed to present below the argument he urges on us. See United States v. Castillo-Casiano, 198 F.3d 787, 789 (9th Cir.1999), as amended at 204 F.3d 1257 (9th Cir.2000). The district court properly applied the twelve-level enhancement of U.S.S.G. § 2L1.2(b)(l)(B). The plain language of the Guideline, the structure of the Guideline, and the commentary to Amendment 632 make clear that the twelve-level enhancement of § 2L1.2(b)(l)(B) is triggered by any felony drug-trafficking conviction, regardless of whether the conviction resulted in a single day spent in prison.

The district court’s sentence is AFFIRMED.

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