United States v. Aguila-Montes De Oca

MEMORANDUM *

Guillermo Aguila-Montes De Oca (“Aguila-Montes”) appeals his conviction for violating 8 U.S.C. § 1326 (attempted entry into the United States following deportation), and his 120-month sentence. He argues that his conviction should be reversed because the district court erroneously admitted several items of evidence at trial. He challenges his sentence on the *709 ground that the district court violated his constitutional rights by increasing the possible statutory maximum from two to 20 years. We reject these arguments and affirm his conviction and the district court’s increase of the statutory maximum of his sentence.

Generally, the district court’s admission of evidence is reviewed for abuse of discretion. 2 United States v. Lynch, 367 F.3d 1148, 1159 (9th Cir.2004). If evidence is improperly admitted, reversal is appropriate only if the error was not harmless. United States v. Derington, 229 F.3d 1243, 1247 (9th Cir.2000). “If, on the record as a whole, consideration by the jury of the evidence for that purpose would not have likely changed its decision, then the error was harmless.” Id.

Aguila-Montes challenges the admission into evidence of a referral slip…