Romm

MEMORANDUM **

Romm appeals from the district court’s order sentencing him to serve a mandatory minimum sentence of 180-months imprisonment with a concurrent mandatory minimum term of 120-months imprisonment, arguing the district court erred when it determined Romm’s prior state convictions triggered an increased mandatory minimum sentence, and when it failed to merge his possession and receipt offenses at sentencing. We affirm.

Romm argues the district court erred when it relied on a probable cause affidavit to determine that his Florida conviction was a predicate offense. He is mistaken. A police report may be a qualified document for modified categorical analysis if the report was attached to, and incorporated by reference into, the criminal complaint and if the defendant stipulates at the plea hearing to the facts listed in the report. See United States v. Espinoza-Cano, 456 F.3d 1126, 1131-33 (9th Cir.2006). Here, the affidavit was attached to the charging papers, and the plea transcript demonstrates that Romm stipulated to the facts contained in the affidavit and agreed to incorporate by reference the affidavit into the plea. Thus, the district court properly relied on the…