UNITED STATES of America, Plaintiff-Appellee, v. Martin CANDIDO-GONZALEZ, Defendant-Appellant, 146 F. App'x 134

MEMORANDUM Martin Candido-Gonzalez appeals his sentence imposed following his guilty plea to unlawful reentry in violation of 8 U.S.C. § 1326. He contends that the district court violated his constitutional rights in making an upward adjustment under U.S.S.G. § 2L1.2(b)(l)(

B) for a prior drug-trafficking conviction. As Candido-Gonzalez acknowledges, this contention is foreclosed by this court’s case law. See United States v. Moreno-Hernandez, 419 F.3d 906, 914 n. 8 (9th Cir.2005) (amended opinion). In his opening brief, Candido-Gonzalez declined to exercise his right to request a remand for resentencing under United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). See United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc). We therefore affirm the district court’s judgment. AFFIRMED.

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