United States of America v. Faustino Carrillo

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
EH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FAUSTINO CARRILLO,
Defendant - Appellant.
No. 07-50521
D.C. No. CR-07-00580-JFW
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
John F. Walter, District Judge, Presiding
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Faustino Carrillo appeals from the 57-month sentence imposed following his
guilty-plea conviction for being an illegal alien found in the United States
FILED
MAR 05 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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following deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction
pursuant to 28 U.S.C. § 1291, and we affirm.
Carrillo contends that the district court miscalculated his Sentencing
Guidelines range because it counted a prior conviction towards his criminal history
score pursuant to U.S.S.G. §§ 4A1.1 and 4A1.2, rather than as relevant conduct
pursuant to U.S.S.G. § 1B1.3. This contention is foreclosed. See United States v.
Cruz-Gramajo, 570 F.3d 1162, 1167 (9th Cir. 2009).
Carrillo also contends that the district court violated his Fifth Amendment
right against self-incrimination when it imposed a condition of supervised release
which requires him to report to probation if he reenters the country. As Carrillo
acknowledges, this contention is foreclosed. See United States v. Rodriguez-
Rodriguez, 441 F.3d 767, 772-73 (9th Cir. 2006).
AFFIRMED.

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