United States of America, Plaintiff-appellee, v. Raul Fernando Berdugo-arana, Defendant-appellant, 21 F.3d 1116 (9th Cir. 1994)

MEMORANDUM^** 

Raul Fernando Berdugo-Arana appeals his sentence following his conviction by guilty plea of illegal entry of a deported alien into the United States in violation of 8 U.S.C. § 1326.

The only issue raised relates to a $2000 fine which the district judge imposed under the guidelines. Appellant argues that because he is incarcerated and not employed, he does not have any present ability to pay the fine.

That contention lacks merit in light of the presentence report, accepted by the district court without objection, showing appellant possesses real property with a net worth of $129,000. This presentence report advised that with a favorable net worth, "payment of a modest fine is foreseeable."

The district court accepted that recommendation and assessed the minimum fine of $2000 prescribed by the Sentencing Guidelines for appellant's offense level.

Accordingly, we AFFIRM.

AFFIRMED.