Meza
United States v. Meza
Opinion
Lead Opinion
MEMORANDUM **
Juan Carlos Meza appeals his 63-month prison sentence, followed by a three-year term of supervised release, for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 . We affirm Meza’s sentence and remand to the district court only to conform the judgment and commitment order to the oral pronouncement of sentence.
The district court committed no significant procedural error at Meza’s sentencing, nor is his sentence substantively unreasonable. See Gall v. United States, 552 U.S. 38 , 128 S.Ct. 586, 597 , 169 L.Ed.2d 445 (2007). Meza’s contention that his criminal history was “double counted” in the Guidelines calculation is foreclosed by United States v. Garcia-Cardenas, 555 F.3d 1049, 1049-51 (9th Cir.2009) (reaffirming the permissibility of “the use of a prior conviction as a basis for a sentencing enhancement and for calculating a defendant’s criminal history score,” in light of United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), and its progeny). See also United States v. Luna-Herrera, 149 F.3d 1054, 1056 (9th Cir.1998). Also, contrary to Meza’s suggestion that the district court…