Calvillo-Alvarez

United States v. Calvillo-Alvarez

Good Law
166 F. App'x 983
United States Court of Appeals for the Ninth CircuitFebruary 16, 2006No. 05-50328California381 words

Opinion

Lead Opinion

MEMORANDUM **

Juan Calvillo-Alvarez appeals the sentence imposed following his guilty plea to illegal reentry following deportation in violation of 8 U.S.C. § 1326 . Calvillo-Alvarez contends that the district court violated his constitutional rights in enhancing his sentence under 8 U.S.C. § 1326 (b) and § 2L1.2(b)(1)(A) of the advisory Sentencing Guidelines based on a prior criminal conviction that was neither proved beyond a reasonable doubt to a jury nor admitted as part of the guilty plea. This contention is foreclosed by this Court’s case law. See United States v. Delaney, 427 F.3d 1224 1226 (9th Cir.2005) (holding that the fact of a prior conviction for sentencing purposes need not be proved to a jury or admitted by defendant to satisfy the Sixth Amendment); United States v. Moreno-Hernandez, 419 F.3d 906 , 914 n. 8 (9th Cir.2005) (explaining that a district judge’s enhancement of a sentence, based on the fact of a prior conviction under U.S.S.G. § 2L1.2, does not raise any Sixth Amendment problems); United States v. Weiland, 420 F.3d 1062 , 1079 n. 16 (9th Cir.2005) (holding that we are bound to follow Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 ,…

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