United States v. German Delgado-Moreno

MEMORANDUM

Defendant-Appellant German Delgado-Moreno (“Delgado-Moreno”), a native and citizen of Mexico, pled guilty to attempted re-entry after deportation, in violation of 8 U.S.C. § 1326 (a) and (b). After imposing a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A), the sentencing judge calculated Delgado-Moreno’s total offense level to be 21 with a criminal history category III, resulting in a recommended Sentencing Guidelines range of 46 to 57 months of imprisonment. Delgado-Moreno argues the enhancement was improper and challenges his below-Guidelines sentence of 37 months incarceration followed by 2 years supervised release.

We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), review the district court’s imposition of a sentencing enhancement de novo, United States v. Valle-Montalbo, 474 F.3d 1197, 1199 (9th Cir.2007), and now affirm.

1. A violation under Section 1326 carries a base offense level of 8 under U.S.S.G. § 2L1.2. See United States v. Leal-Vega, 680 F.3d 1160, 1163 (9th Cir. 2012). Under Section 2L1.2(b)(l)(A), this base level may be increased by 16 levels if Delgado-Moreno has a prior conviction for a “drug trafficking offense,” and the…