Perez-Morales

SUPPLEMENTAL MEMORANDUM ***

The facts and procedure of the case are known to the parties, and we do not i'epeat them here. Arturo Perez-Morales raised several challenges to his conviction and sentence. We previously ruled on all but one of these challenges. See United States v. Perez-Morales, 221 Fed.Appx. 545 (9th Cir.2007). We deferred ruling on Perez-Morales’ sentencing challenge pending resolution of Claiborne v. United States, — U.S. —, 127 S.Ct. 2245 , 167 L.Ed.2d 1080 (2007) (mem.), and Rita v. United States, — U.S. —, 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007). Perez-Morales, 221 Fed.Appx. at 546 . For the reasons set forth below, we now affirm the sentence of the district court.

We will only set aside a sentence when it is procedurally erroneous or substantively unreasonable. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc). Perez-Morales argues that the district court erroneously treated the Guidelines as presumptively correct instead of advisory. See Carty, 520 F.3d at 993 . We disagree. After calculating Perez-Morales’ sentence under the Guidelines, the district court stated that the Guidelines are “just an advisory range, and only taken as one…