Martinez

MEMORANDUM **

Jose Martinez appeals the 211-month sentence imposed following his guilty plea conviction of possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1), possession of a firearm in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(1)(A), and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Martinez argues that the district court erred by including a conviction obtained without counsel in calculating his criminal history under the Sentencing Guidelines. We disagree. We have held that “[a] defendant must prove the invalidity of a pri- or conviction by a preponderance of the evidence^]” and that to carry this burden the defendant “must make an affirmative showing ... that the prior conviction is invalid[.]” United States v. Dominguez, 316 F.3d 1054, 1056-57 (9th Cir.2003) (internal quotations omitted). Here, Martinez argues that his waiver in a prior case was invalid, but cites no evidence in support of this contention. We conclude that, in these circumstances, he has failed to sustain his burden. Id.; United States v.…