254 F. App'x 662

UNITED STATES of America, Plaintiff—Appellee, v. Hector GUERRA-FION, Defendant—Appellant.

No. 06-10692.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 22, 2007.*

Filed Nov. 20, 2007.

Robert H. Bork, Esq., U.S. Attorney’s Office, Las Vegas, NV, for Plaintiff-Appellee.

Jason F. Carr, Esq., FPDNV—Federal Public Defender’s Office, Las Vegas, NV, for Defendant-Appellant.

Before: B. FLETCHER, WARDLAW and IKUTA, Circuit Judges.

MEMORANDUM **

Hector Guerra-Fion appeals from the 57-month sentence imposed following his guilty-plea conviction for unlawful reentry, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Guerra-Fion contends that the district court erred by applying a sentencing enhancement for a prior conviction when cal*663cukiing his advisory Sentencing Guideline range because the prior conviction was obtained in violation of his right to coun il. We concl: , le that Guerra-Fion has rot presented c vidence sufficient to overcome the presumption that his waiver of counsel was valid. See United States v. Allen, 153 F.3d 1037, 1041 (9th Cir.1998).

AFFIRMED.

United States v. Guerra-Fion
254 F. App'x 662

Case Details

Name
United States v. Guerra-Fion
Decision Date
Nov 20, 2007
Citations

254 F. App'x 662

Jurisdiction
United States

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