Barrera-Gonzalez

United States v. Barrera-Gonzalez

Good Law
116 F. App'x 886
United States Court of Appeals for the Ninth CircuitNovember 24, 2004No. 03-50547; DC No. CR 02-2982 IEGCalifornia384 words

Opinion

Lead Opinion

MEMORANDUM *

Juan Barrera-Gonzalez (“Barrera”) appeals the sentence imposed by the district court following his conviction for violation of 8 U.S.C. § 1326 , being a removed alien found in the United States. Barrera contends that the district court erred by applying a 16-level enhancement to his offense level based upon a prior conviction for a drug-trafficking offense. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

Barrera raises two challenges to his sentence enhancement. First, he argues that the district court erred in finding that he had incurred the prior conviction that formed the basis for the enhancement. We review this factual finding for clear error. United States v. Rojas-Flores, 384 F.3d 775, 778 (9th Cir.2004). The district court found that Barrera had incurred the prior conviction based solely upon its inclusion in the pre-sentence report (“PSR”). Although Barrera questions the sufficiency of the PSR to support such a finding, he has not challenged its accuracy. The district court’s finding was therefore not clearly erroneous. United States v. Romero-Rendon, 220 F.3d 1159, 1163 (9th Cir.2000) (“[T]he uncontroverted PSR,…

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