Vuksinich-Almada

United States v. Vuksinich-Almada

Good Law
279 F. App'x 502
United States Court of Appeals for the Ninth CircuitMay 22, 2008No. 05-10287California406 words

Opinion

Lead Opinion

MEMORANDUM **

Alonzo Martin Vuksinich-Almada appeals from the 70-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Vuksinich-Almada contends that the district court erred by counting three criminal history points for his prior conviction for solicitation to unlawfully possess a narcotic drug. We conclude that the district court did not err because the record reflects that, after his probation was revoked, Vuksinich-Almada was sentenced to 510 days for the offense. See U.S.S.G. § 4A1.1; see also United States v. Latim *503 er, 991 F.2d 1509, 1516 (9th Cir.1993) (explaining that terms of imprisonment following revocation of probation are added to the original sentence for purposes of calculating length of prior sentence).

Vuksinich-Almada contends that the district court erred by adding criminal history points based on facts that were not proven to a jury beyond a reasonable doubt. We conclude that the district court did not err by determining that the record of the prior convictions demonstrated that Vuksinich-Almada was on…

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