Hernandez-Galdamez

MEMORANDUM ***

Appellant Carlos Hernandez-Galdamez appeals the district court’s sentencing determination. Hernandez-Galdamez argues the district court erroneously assessed two criminal history points upon its finding that he committed the instant offense while under “a criminal justice sentence.” He also argues that the district court abused its discretion in imposing a sentence without considering all of the evidence and the 18 U.S.C. § 3553 (a) factors. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

This court reviews a sentence for reasonableness, applying the abuse of discretion standard for both guidelines and non-guidelines sentences. United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc). This court reviews the district court’s interpretation of the Sentencing Guidelines de novo, and the district court’s factual findings for clear error. United States v. Alvarez-Hernandez, 478 F.3d 1060, 1063 (9th Cir.2007). Because Hernandez-Galdamez objected to the district court’s calculation of his sentence, he preserved the issue on appeal. See United States v. Grissom, 525 F.3d 691, 694 (9th Cir.2008).

Under U.S.S.G. § 4A1.1(d), two additional…