UNITED STATES of America, Plaintiff-Appellee, v. Jose RICO-CARRILLO, Defendant-Appellant, 389 F. App'x 631

• MEMORANDUM Jose Rico-Carrillo appeals from the 57-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326, and making a false claim to United States citizenship, in violation of 18 U.S.C. § 911. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Rico-Carillo contends that the district court proeedurally erred at sentencing by failing to explicitly address his argument that the 16-level crime of violence enhancement under the Sentencing Guidelines reflects unsound policy by the Sentencing Commission because it is not tied by empirical research to any factor relevant to sentencing. The record reflects that the district court considered Rico-Carrillo’s arguments and did not procedurally err. See United States v. Carty, 520 F.3d 984, 992-93 (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.