United States v. Jose Munoz-Garcia

MEMORANDUM

Jose Luis Munoz-Garcia appeals from the district court’s judgment and chal lenges his guilty-plea conviction and 70-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Munoz-Garcia contends that his conviction and sentence violate the Fifth and Sixth Amendments because the fact of the prior conviction that subjected him to enhanced penalties under section 1326(b)(2) was not alleged in the indictment. As Munoz-Garcia acknowledges, we are bound by Almendarez-Torres v. United States, 523 U.S. 224, 239-47 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), in which the Supreme Court rejected this argument.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.