Torres-Garcia

MEMORANDUM **

1. Torres-Garcia’s challenge to his conviction on the ground that two items of evidence were improperly admitted is unconvincing.

The evidence of his prior attempts to enter the United States under Del Muro’s name was properly admitted under Federal Rule of Evidence 404(b), because it illustrated his “modus operandi,” i.e., his method of attempting to enter the United States. Moreover, at the hearing on the admissibility of that evidence, Torres-Garcia’s counsel “agree[d] with the court” that the evidence was admissible to prove “modus operandi.” The district court also correctly admitted documents from Torres-Garcia’s Immigration and Naturalization Service “A” file under the public records exception to the hearsay rule. Fed.R.Evid. 803(8); see United States v. Hernandez-Herrera, 273 F.3d 1213, 1217-18 (9th Cir.2001); United States v. Loyola-Dominguez, 125 F.3d 1315, 1317 (9th Cir.1997).

2. Garcia’s pre-sentence report included among his prior criminal convictions a 1992 California state conviction for driving with a license that had been revoked for driving under the influence. This conviction increased his criminal history category by one level and therefore…