United States v. Christopher Weick
United States v. Christopher Weick
Opinion
MEMORANDUM **
Christopher James Weick appeals from the 15-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(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Weick contends that the district court erred by imposing a 12-level upward adjustment based on a prior felony drug trafficking offense, because the evidence *727 indicated that he served no prison or jail time for that offense. The only evidence offered to support this contention is Weick’s own statements made during allo-cution. The district court did not err, let alone plainly err, by relying on the presen-tence report and the government’s sentencing documents to conclude that Weick served some time in custody for this conviction. See United States v. Marin-Cuevas, 147 F.3d 889, 894-95 (9th Cir. 1998).
The record reflects that the district court did not otherwise procedurally err, and the below-Guidelines sentence is substantively reasonable under the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); see also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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