Pirello

United States v. Pirello

Good Law
210 F. App'x 587
United States Court of Appeals for the Ninth CircuitDecember 7, 2006Nos. 05-30595, 05-30598California507 words

Opinion

Lead Opinion

MEMORANDUM

Michael Pirello appeals his consecutive sentences of 37 months for a firearms violation and 24 months for violation of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Pirello argues that his prior criminal history must be proven beyond a reasonable doubt. This argument is foreclosed by United States v. Weiland, 420 F.3d *589 1062, 1079 (9th Cir.2005) (reaffirming that “a district court may enhance a sentence on the basis of prior convictions, even if the fact of those convictions was not found by a jury beyond a reasonable doubt”), cert. denied, — U.S.-, 126 S.Ct. 1911 , 164 L.Ed.2d 667 (2006).

Pirello also contends that the district court improperly relied on the presentence report’s recitation of his involvement in child pornography. That recitation was based on Pirello’s admissions, which he did not challenge. Indeed, he had no objection to anything in the report beyond a minor matter involving the ownership of the computer he admittedly used to download child pornography. The district court may rely on undisputed statements in the presentence report at sentencing. United States v. Ameline, 409 F.3d 1073, 1085 (9th…

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