United States v. Miguel Avila-Quezada

MEMORANDUM

Miguel Angel Avila-Quezada appeals from the 57-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Avila-Quezada contends that the district court procedurally erred by, among other things, applying a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(ii) because there was insufficient evidence as to the nature of his predicate conviction. The district court did not err by relying on the uncontroverted pre-sentence report to determine that Avila-Quezada’s conviction was categorically a violent felony. See United States v. Romero-Rendon, 220 F.3d 1159, 1165 (9th Cir.2000); see also United States v. Heron-Salinas, 566 F.3d 898, 899 (9th Cir.2009) (per curiam).

Next, he asserts that the fact of the prior conviction was required to be charged in the indictment, submitted to a jury, and proven beyond a reasonable doubt. This contention lacks merit. See Almendarez-Torres v. United States, 523 U.S. 224, 226-27 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998); see also United States v. Almazan-Becerra, 482 F.3d…