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U.S. v. MARTINEZ-RODRIGUEZ

No. 05-50719.

468 F.3d 1182 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. David MARTINEZ-RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 21, 2006.

Attorney(s) appearing for the Case

Stephen D. Demik, Federal Defenders of San Diego, Inc., San Diego, CA, for defendant-appellant David Martinez-Rodriguez.

L. Marcel Stewart, Assistant United States Attorney, San Diego, CA, for plaintiff-appellee United States of America.

Before HARRY PREGERSON, RONALD M. GOULD, and RICHARD R. CLIFTON, Circuit Judges.

GOULD, Circuit Judge.

A jury convicted David Martinez-Rodriguez ("Martinez") of re-entering the United States after removal in violation of 8 U.S.C. § 1326(a). On August 23, 2005, the district court sentenced Martinez to seventy-seven months imprisonment with three years supervised release. Martinez challenges his sentence on two grounds.1

First, relying on our decision in United States v. Covian-Sandoval,

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