                                 Judge.

                                      ORDER

       Daniel Sandoval-Rivera was convicted and sentenced to 70 months’
imprisonment after he pleaded guilty to being present in the United States without
permission following a previous removal. On appeal he challenges only the
reasonableness of his sentence, arguing that the district court based its sentencing
decision solely on the recommended guidelines range, without taking            Page 2

arrested and subsequently indicted on one count of being in the United States
without permission, see 8 U.S.C. § 1326(a), to which he pleaded guilty.

       Rivera’s presentence investigation report disclosed a prior conviction for
assault with a deadly weapon, two prior drug convictions, and three prior removals
from the United States. Based upon those convictions, the probation officer
calculated a total offense level of 21, including adjustments not at issue on appeal,
and a criminal-history category of V. The resulting guidelines imprisonment range
was 70 to 87 months, with a statutory maximum of 20 years.

       Rivera did not object to the guidelines calculation but argued instead that a
below-guidelines sentence