Gutierrez-Rodriguez

MEMORANDUM **

Alvin Gutierrez-Rodriguez appeals from the 63-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Gutierrez-Rodriguez contends that the district court erred when it applied the 16-level enhancement for a prior drug trafficking offense, because the fact of conviction was not proven by clear and convincing evidence. The record belies this contention. Gutierrez-Rodriguez also contends that the enhancement should not apply because it was not proven that the elements of the underlying offense met the requirement for the Guidelines enhancement. We disagree. Using the categorical approach prescribed by Taylor v. United States, 495 U.S. 575, 600-02 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), we conclude that the underlying offense qualifies as a drug trafficking crime under the Sentencing Guidelines. Compare O.R.S. § 475.999 (2002) and O.R.S. § 475.005(8), (12) (2002), with U.S.S.G § 2L1.2 cmt. n. l(B)(iv).

Gutierrez-Rodriguez further contends that his sentence is unreasonable and that the district court failed to…