Cruz-Perez

United States v. Cruz-Perez

Good Law
178 F. App'x 708
United States Court of Appeals for the Ninth CircuitMay 5, 2006No. 05-50062California619 words

Opinion

lead Opinion

MEMORANDUM *

Josué Cruz-Perez was convicted of one count of illegal reentry under 8 U.S.C. § 1326 . The district court calculated the applicable range under the advisory Sentencing Guidelines as forty-six to sixty months, and it sentenced Mr. Cruz-Perez at the low end of that range. Mr. Cruz-Perez raises several objections to his sentence on appeal. We have jurisdiction to review his sentence, United States v. Plouffe, 436 F.3d 1062 (9th Cir.2006), as amended, 2006 WL 1044228 (9th Cir. Apr.21, 2006), and we affirm.

Mr. Cruz-Perez first argues that his sentence is invalid because the district court relied on inaccurate information in the presentence report (PSR). Yet he failed to mention these errors when the district court asked whether he had any objections to the PSR, and we therefore review only for plain error any flaws that may have been introduced into the sentencing process by virtue of these inaccuracies. Mr. Cruz-Perez concedes that the district court correctly calculated the applicable sentencing range, notwithstanding the inaccuracies in the PSR. And even though the district court referred to some of the inaccurate information when explaining its sentencing decision,…

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