Mares-Hernandez

United States v. Mares-Hernandez

Good Law
163 F. App'x 561
United States Court of Appeals for the Ninth CircuitJanuary 18, 2006No. 05-30290California335 words

Opinion

Lead Opinion

MEMORANDUM **

Felipe Mares-Hernandez appeals the sentence imposed following his guilty plea to being an alien found in the United States in violation of 8 U.S.C. § 1326 .

Mares-Hernandez contends that the district court violated his Sixth Amendment rights by imposing a sentence in excess of the two-year maximum set forth in 8 U.S.C. § 1326 (a) based on a prior conviction that was neither proved to a jury nor admitted during the plea colloquy. This contention is foreclosed. See United States v. Von Brown, 417 F.3d 1077, 1078-79 (9th Cir.2005) (per curiam). See also United States v. Weiland, 420 F.3d 1062 , 1079 n. 16 (9th Cir.2005) (noting that we continue to be bound by the Supreme Court’s holding in Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), that a district court may enhance a sentence on the basis of prior convictions, even if the fact of those convictions was not found by a jury beyond a reasonable doubt).

*562 Mares-Hernandez also contends that the 70-month sentence imposed is unreasonable. Reasonableness is the standard by which we review sentences imposed, such as this one, after the Supreme Court in United States v.…

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