United States v. Rico

398 F. App'x 245

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 4, 2010
• Docket: 06-50700
• Status: Unpublished

Opinion

MEMORANDUM **

Fernando Huerta Rico appeals from the 84-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Rico contends that the district court erred by applying a drug trafficking enhancement pursuant to U.S.S.G. § 2L1.2(b)(l)(A) because two prior felony convictions allegedly occurred when Rico was a juvenile. This contention fails because Rico admitted to having been convicted for the offenses as an adult. See U.S.S.G. § 2L1.2, cmt. n. l(A)(iv); see also United States v. Flores, 172 F.3d 695, 700-01 (9th Cir.1999) (defendant waived challenge by expressly agreeing to enhancement). Even if it was true that the offenses occurred when he was a juvenile, it is undisputed that he agreed that he was prosecuted as an adult.

Rico also contends that his sentence is substantively unreasonable. The record reflects that there was no procedural error and that, in light of the totality of the circumstances, the sentence within the Guidelines range is substantively reasonable. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc).

AFFIRMED.

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