Anzo-Enriquez

MEMORANDUM **

Constantino Anzo-Enriquez appeals from the 77-month sentence imposed following a guilty plea to being an illegal alien found in the United States after having been deported, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

As a threshold matter, the government contends that this court lacks jurisdiction to review this appeal because Anzo-Enriquez’s sentence was lawful and within the range suggested by the United States Sentencing Guidelines (the “Guidelines”). This argument is foreclosed by United States v. Plouffe, 445 F.3d 1126, 1128 (9th Cir.2006).

Anzo-Enriquez contends that his sentence is unreasonable under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), because the district court did not state why it imposed a sentence of 77 months rather than some other sentence, and because the district court treated the Guidelines sentence as a presumptive sentence. The record shows *959 that the district court correctly used the Guidelines range as a “starting point,” United States v. Cantrell, 433 F.3d 1269, 1280 (9th Cir.2006), properly considered and applied the various sentencing…