Medina-Leon

MEMORANDUM **

Appellant Merced Medina-Leon appeals a 27-month sentence for a violation of 8 *754 U.S.C. § 1326 (a), as enhanced by § 1326(b)(1). Medina-Leon argues that the district court imposed an unreasonable sentence and that, in the interests of “justice,” the prosecutor should have offered him a plea agreement with a sentencing range of 15-21 months. We affirm.

Medina-Leon was offered a plea agreement premised on Medina-Leoris prior state felony conviction constituting a felony crime of violence under the Sentencing Guidelines. Medina-Leon disputed this premise and declined to enter into the plea agreement. The agreement was then withdrawn. At sentencing, the district court agreed that Medina-Leoris state felony conviction for burglary did not constitute a felony crime of violence under the Sentencing Guidelines. The court then sentenced Medina-Leon to 27 months in prison, a three-year period of supervised release, and a $100 special assessment.

Medina-Leon contends that because the district court agreed that the enhancement was not proper, the district court should have sentenced him within the range that would have applied had he accepted a plea agreement. We review a…