Jasso

MEMORANDUM **

Onelio Jasso appeals his sentence of 51 months’ imprisonment for importing marijuana in violation of 21 U.S.C. §§ 952 and 960. We review the district court’s sentence for “unreasonableness” in light of the sentencing factors set forth in 18 U.S.C. § 3553 (a). United States v. Cantrell, 433 F.3d 1269, 1278-79 (9th Cir.2006). We affirm Jasso’s sentence.

Jasso raised two issues in his opening brief and attempts to raise a third issue in his reply brief and supplemental citations. First, he argues that the district court’s upward adjustment of two levels based on the under-representation of his criminal history category is an improper application of the Sentencing Guidelines. Second, he contends that the district court’s reliance on the presentence report (“PSR”) is contrary to the Supreme Court’s holding in Shepard v. United States, 544 U.S. 13 , 125 S.Ct. 1254 , 161 L.Ed.2d 205 (2005). Finally, in his reply brief and supplemental citations he argues that the district court did not give reasonable notice that it was contemplating an upward adjustment in violation of Federal Rule of Criminal Procedure 32(h).

A review of the record discloses that Jasso’s 51-month…