
    UNITED STATES of America, Plaintiff-Appellee, v. Faustino CARRILLO, Defendant-Appellant.
    No. 07-50521.
    United States Court of Appeals, Ninth Circuit.
    Submitted Feb. 16, 2010.
    
    Filed March 5, 2010.
    Michael J. Raphael, Esq., Jeff P. Mitchell, Esq., Office of the U.S. Attorney Criminal Division, Los Angeles, CA, for Plaintiff-Appellee.
    Christopher W. Dybwad, Federal Public Defender’s Office, Los Angeles, CA, for Defendant-Appellant.
    Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Faustino Carrillo appeals from the 57-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States 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. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     