Verde-Eb
United States v. Verde-Eb
Opinion
Lead Opinion
MEMORANDUM **
Luis Verde-Eb appeals from the 46-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm and remand.
Verde-Eb contends that his sentence must be vacated because the district court did not verify that he had read the presentence report (“PSR”) and discussed it with counsel. Verde-Eb does not claim that he did not read the PSR or discuss it with counsel. The sentencing brief filed in response to the PSR and the factual correction made by counsel at the sentencing hearing indicate that counsel had discussed the PSR with Verde-Eb. Verde-Eb has not identified any additional issues that he would have raised had the district court asked him whether he read the PSR. We conclude that the district court’s failure to verify whether Verde-Eb had read the PSR and discussed it with counsel was harmless error. See United States v. Davila-Escovedo, 36 F.3d 840, 844 (9th Cir. 1994).
We reject Verde-Eb’s contention that the enhancement for his prior felony conviction for a prior crime of violence was unconstitutional. See United States v.…