United States v. Edgar Toledo-Reyes

MEMORANDUM

Appellant Toledo-Reyes appeals his sentence for violation of 8 U.S.C. § 1327 . We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 and we affirm. We review “the district court’s application of the Sentencing Guidelines to the facts of this case for abuse of discretion, and the district court’s factual findings for clear error.” United States v. Kimbrew, 406 F.3d 1149, 1151 (9th Cir.2005) (internal citation omitted). We review the district court’s evaluation of the reliability of evidence used at sentencing for abuse of discretion. United States v. Berry, 258 F.3d 971, 976 (9th Cir.2001).

The district court did not abuse its discretion in finding the evidence presented was sufficiently reliable to support application of a two-level sentence enhancement for causing bodily injury, U.S.S.G. § 2L1.1(b)(7)(A), and a two-level sentence enhancement for intentional or reckless creation of a substantial risk of death or serious bodily injury, U.S.S.G. § 2L1.1(b)(6). The sentencing court may rely on hearsay statements and other evidence not permitted at trial. United States v. Petty, 982 F.2d 1365, 1367 (9th Cir.1993). However, to avoid any due process…