Godinez-Alcaraz

United States v. Godinez-Alcaraz

Good Law
286 F. App'x 981
United States Court of Appeals for the Ninth CircuitJuly 22, 2008No. 07-10429California464 words

Opinion

Lead Opinion

MEMORANDUM **

Angel Godinez-Alcaraz (“Godinez-Alcar-az”) appeals the sentence imposed follow *982 ing his guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326 . Godinez-Alcaraz argues the district court: (1) erred in applying a 16-level enhancement under U.S.S.G § 2L1.2(b)(l)(A); and (2) committed procedural error in imposing his sentence by improperly presuming the Guidelines sentence was reasonable and by failing to adequately explain its reasons for imposing the sentence. Godi-nez-Alcaraz did not raise these objections in the district court. We therefore review for plain error. United States v. Knows His Gun, 438 F.3d 913, 918 (9th Cir.2006). We affirm.

Godinez-Alcaraz first contends the district court erred in applying an enhancement under § 2L1.2(b)(1)(A)- based upon convictions identified in the Presentence Report (“PSR”). As Godinez-Alearaz asserts, the statutes upon which the convictions were based were not cited in the PSR and the Government failed to provide to the district court any judicially-noticeable evidence from the record of conviction which would establish Alcaraz had been convicted of a predicate offense. The district court…

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