Leverich

MEMORANDUM **

Richard Wesley Leverich appeals his sentence of 262 months of imprisonment, 5 *111 years of supervised release and $100 special assessment following his guilty plea to the charge of possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). He contends that the trial court plainly erred in relying on the presentence report (“PSR”) for its determination that Leverich had sustained two minor narcotics convictions, and that he received ineffective assistance of counsel because his attorney failed to challenge the sufficiency of the evidence relied on by the court in finding the existence of the prior convictions.

Because Leverich did not raise the prior conviction issue in the district court, our review is for plain error. See United States v. Olano, 507 U.S. 725, 731-32 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993). A district court may rely on an unchallenged PSR to establish relevant facts at sentencing, including the existence of prior convictions. See United States v. Romero-Rendon, 220 F.3d 1159, 1161 (9th Cir.2000). Leverich did not challenge the convictions described in the presentence report, and so there was sufficient evidence…