Court of Appeals for the Ninth Circuit December 15, 2003, No. 03-10047 (United States v. Vera-Figueroa)

MEMORANDUM **

Jose Vera-Figueroa appeals his 42-month sentence following his guilty plea to reentry after deportation in violation of 8 U.S.C. § 1326. He contends that the district court erred by failing to depart downward for over-representation of Vera-Figueroa’s criminal history.