Gasca-Morado

United States v. Gasca-Morado

Good Law
192 F. App'x 696
United States Court of Appeals for the Ninth CircuitJuly 27, 2006No. 05-10233California354 words

Opinion

Lead Opinion

MEMORANDUM **

Francisco Javier Gasca-Morado appeals from the sentence imposed following his guilty-plea conviction for illegal reentry following deportation, in violation of 8 U.S.C. § 1826 . Gasca-Morado challenges the reasonableness of his sentence under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We reject Gasca-Morado’s contention that the district court violated his Sixth Amendment rights by finding that his prior conviction under Oregon Revised Statute § 475.992 of delivery of a controlled substance categorically qualifies as a drug trafficking offense under U.S.S.G. § 2L1.2(b)(l)(A). See United States v. Von Brown, 417 F.3d 1077, 1078-79 (9th Cir.2005); see also United States v. Shumate, 329 F.3d 1026, 1030 (9th Cir.2003).

In addition, Gasca-Morado’s contention that his prior convictions should not have been counted toward his criminal history calculation lacks merit. See United States v. Delaney, 427 F.3d 1224, 1226 (9th Cir.2005) (holding that the fact of a prior conviction for sentencing purposes need not be proved to a jury or admitted by defendant to satisfy the Sixth…

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