Hughes
United States v. Hughes
Opinion
lead Opinion
MEMORANDUM **
Jerry Louis Hughes appeals from the 346-month sentence imposed following re-sentencing pursuant to United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Hughes contends that the district court erred by using the preponderance of the evidence standard to conclude that he was career offender and that his victims were injured under the Sentencing Guidelines. We disagree. No matter what standard of proof the district court applied, any error did not impact Hughes’ substantial rights because the uncontroverted pre-sentence report (“PSR”) contained clear and convincing evidence of the predicate facts. See United States v. Romero-Rendon, 220 F.3d 1159, 1161-63 (9th Cir.2000).
Hughes also contends that the district court erred by relying on the PSR to determine that his prior offenses were unrelated under the career offender enhancement. We disagree. The PSR was sufficiently reliable, see id. at 1163 , and clearly demonstrated that Hughes’ two felony convictions were unrelated. See United *456 States v. Asberry, 394 F.3d 712, 719-20 (9th Cir.2005).