Chavez-Cuevas

MEMORANDUM **

Martin Chavez-Cuevas appeals from the district court’s decision, following a limited remand under United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc), that it would not have imposed a different sentence had it known that the Sentencing Guidelines were advisory. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Chavez-Cuevas contends that the district court erred by adding one criminal history point for a drunk driving conviction he never sustained. This contention fails because the prior conviction was proven by a preponderance of the evidence, using sufficiently reliable information. See United States v. Marin-Cuevas, 147 F.3d 889, 894-95 (9th Cir.1998). Moreover, any error is harmless because even if Chavez-Cuevas received one less criminal history point his advisory sentencing range would be the same. See United States v. Cantrell, 433 F.3d 1269 , 1279-80 & n. 4 (9th Cir.2006).

We also conclude that the district court did not clearly err when it determined, by a preponderance of the evidence, that Chavez-Cuevas was responsible for 34.33 kilograms of methamphetamine. See United States v. Kilby, 443 F.3d 1135, 1140-41 (9th…