Carrera-Navar

United States v. Carrera-Navar

Good Law
218 F. App'x 622
United States Court of Appeals for the Ninth CircuitJanuary 16, 2007No. 06-10225California584 words

Opinion

Lead Opinion

MEMORANDUM **

Oscar Carrera-Navar appeals from the 30-month sentence imposed following his guilty plea to having unlawfully reentered the country after a prior deportation in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Carrera-Navar first contends that the district court plainly erred by imposing a 12-level enhancement under United States Sentencing Guidelines § 2L1.2(b)(l)(B) because the district court had not found the fact of his prior conviction by clear and convincing evidence. We reject this contention.

Even assuming that the clear and convincing evidence standard applies, there is sufficient evidence to support the district court’s findings. The record reflects that the presentence report (“PSR”) contained a statement that Carrera-Navar was previously convicted of possession for sale of over 229 grams of methamphetamine with the intent to distribute in violation of Cal. Health & Safety Code § 11378 . Because Carrera-Navar did not object to these findings, the district court did not err in relying on them at sentencing. See Fed.R.Crim.P. 32(i)(3)(A) (“At sentencing, the court ... may accept any undisputed portion of the…

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