Baugus

*501 MEMORANDUM **

Patrick John Wayne Baugus (Baugus) pled guilty to possessing with intent to distribute 99 kilograms of marijuana in violation of 21 U.S.C. § 841 (a)(1) & (b)(1)(C). He appeals his sentence of 30 months imprisonment followed by three years supervised release. We affirm his sentence.

The district court complied with Federal Rule of Criminal Procedure 32 because it expressly adopted the probation officer’s determination that Baugus’ prior convictions were not constitutionally infirm. United States v. McClain, 30 F.3d 1172, 1174 (9th Cir.1994). The district court was not required to make findings regarding Baugus’ mitigation arguments. United States v. Stoterau, 524 F.3d 988, 1011 (9th Cir.2008).

The district court gave adequate consideration to defense counsel’s sentencing memorandum because the court reviewed it before the end of the hearing. Cf. United States v. Laverne, 963 F.2d 235, 237 (9th Cir.1992). Error, if any, was harmless because defense counsel presented all of the memorandum’s arguments and evidence before the district court announced the tentative sentence. See id.

Baugus also argues that the district court committed various procedural errors…