United States v. Carrillo

369 F. App'x 852

Opinion

MEMORANDUM **

Faustino Carrillo appeals from the 57-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Carrillo contends that the district court miscalculated his Sentencing Guidelines range because it counted a prior conviction towards his criminal history score pursuant to U.S.S.G. §§ 4A1.1 and 4A1.2, rather than as relevant conduct pursuant to U.S.S.G. § 1B1.3. This contention is foreclosed. See United States v. Cruz-Gramajo, 570 F.3d 1162, 1167 (9th Cir.2009).

Carrillo also contends that the district court violated his Fifth Amendment right against self-incrimination when it imposed a condition of supervised release which requires him to report to probation if he reenters the country. As Carrillo acknowledges, this contention is foreclosed. See United States v. Rodriguez-Rodriguez, 441 F.3d 767, 772-73 (9th Cir.2006).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.