Melara-Guzman

MEMORANDUM **

Jorge Alberto Melara-Guzman (“Melara-Guzman”) appeals his sentence for illegal reentry after removal for conviction of an aggravated felony under 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Melara-Guzman first argues that the district court failed to resolve a factual dispute regarding the presentence report, in violation of Federal Rule of Criminal Procedure 32 (“Rule 32”). A district court’s compliance with Rule 32 is reviewed de novo. United States v. Thomas, 355 F.3d 1191, 1194 (9th Cir.2004). Ninth Circuit precedent requires “strict compliance” with Rule 32. United States v. Fernandez-Angulo, 897 F.2d 1514, 1516 (9th Cir.1990) (en banc).

Here, Melara-Guzman asserts that the district court failed to resolve a factual dispute regarding allegations that he participated in a gang rape, contained in the “Other Criminal Conduct” section of the presentence report. Prior to the sentencing hearing, Melara-Guzman had objected that because he was never prosecuted for the gang rape, these allegations were so unreliable that they should not be considered during sentencing.

Melara-Guzman’s assertion that the district court did not…