Rivera-Grijalva

MEMORANDUM **

Appellant/Defendant, Lucio Rivera-Grijalva (“Rivera”) appeals his conviction of one count of being in the United States in violation of 8 U.S.C. § 1326 and the resulting 37-month custodial sentence. We affirm.

Rivera’s Sixth Amendment challenge to his conviction based on the use of a Certificate of Nonexistence of Record to establish that he did not have permission to reenter the country is precluded by United States v. Cervantes-Flores, 421 F.3d 825 (9th Cir.2005).

The district court did not err in imposing the sentence. The district court did not err in holding that a state conviction for possession of heroin could be considered an “aggravated felony” for purposes of enhancing his sentence under U.S.S.G. § 2L1.2. As Rivera concedes, this court has consistently “interpreted the term "aggravated felony" to encompass any drug offense that is: (1) punishable under the Controlled Substances Act and (2) a felony under either federal or state law” for purposes of the sentencing guidelines. United States v. Rios-Beltran, 361 F.3d 1204, 1207 (9th Cir.2004).

*635 The government’s proof was sufficient to sustain the sentencing enhancement. The original information, the…