Mora-Garcia

*835 MEMORANDUM **

Trinidad Mora-Garcia appeals his sentence imposed following a guilty plea to illegal re-entry, 8 U.S.C. § 1326 . He argues that the district court erred by relying on an invalid prior state conviction and failing to recognize that it had the discretion to depart downward. We reject these arguments and affirm.

DISCUSSION

1. Prior State Conviction

Mora-Garcia argues that the district court erred when it refused to permit him to challenge a prior state conviction that increased both his offense level and his criminal history category. Such collateral attacks on prior convictions at sentencing are generally prohibited. See U.S.S.G. § 4A1.2, comment, (n.6); see also Custis v. United States, 511 U.S. 485, 490-97 , 114 S.Ct. 1732 , 128 L.Ed.2d 517 (1994) (holding that collateral attacks at sentencing are permissible only where the prior conviction was obtained in violation of the right to counsel); United States v. Martinez-Martinez, 295 F.3d 1041, 1044-45 (9th Cir. 2002) (applying Custis to sentencing guidelines).

Mora-Garcia argues, however, that because his challenge to the prior conviction is based upon a state procedural violation, rather than a federal…