Montepeque-Peralta

MEMORANDUM *

Jaime Enrique Montepeque-Peralta (“Montepeque”) appeals his sentence following a plea of guilty to a violation of 8 U.S.C. § 1326 , being a deported alien found in the United States. He challenges the district court’s classification of his pri- or convictions as predicate convictions for purposes of enhancing his sentence sixteen levels under U.S.S.G. § 2L1.2(b)(l)(A). He also challenges the district court’s denial of a one-level downward adjustment for timely acceptance of responsibility under U.S.S.G. § 3El.l(b). We have jurisdiction under 28 U.S.C. § 1291 and we affirm in part, reverse in part, and remand.

We review de novo the district court’s interpretation of the Sentencing Guidelines. United States v. Garcia-Gomez, 380 F.3d 1167, 1170 (9th Cir.2004). The district court enhanced Montepeque’s sentence sixteen levels because he was convicted of “a drug trafficking offense for which the sentence imposed exceeded 13 months.” U.S.S.G. § 2L1.2(b)(l)(A)(i). Montepeque conceded in his Reply Brief that his 1990 state court conviction for possession for sale of a controlled substance in violation of California Health & Safety Code § 11351 qualified as a drug…