UNITED STATES of America, Plaintiff-Appellee, v. Ronald E. SMITH, Defendant-Appellant, 399 F. App'x 238

MEMORANDUM The district court considered the correct guideline range and adequately explained its decision to impose a stricter sentence. Federal Rule of Criminal Procedure 32(

h) does not apply to the variance. Irizarry v. United States, 553 U.S. 708, 714, 128 S.Ct. 2198, 171 L.Ed.2d 28 (2008). Even if it did, the government’s re-sentencing memorandum gave the defendant adequate notice of the grounds for lengthening his sentence. See Fed.R.Crim.P. 32(h); cf. United States v. Cruz-Perez, 567 F.3d 1142, 1147 (9th Cir.2009). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.