Luna
United States v. Luna
Opinion
Lead Opinion
MEMORANDUM **
Efren Luna appeals from his conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326 , and resulting 52-month sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the conviction and remand the sentence.
Luna contends that the admission of a “certificate of nonexistence” violated the Confrontation Clause, in light of Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004). However, this issue has been foreclosed by United States v. Cervantes-Flores, 421 F.3d 825, 830-34 (9th Cir.2005).
Luna also contends that his sentence violates the Sixth Amendment because the trial court increased his sentence by eight levels based on a prior aggravated felony. This contention is foreclosed. See United States v. Quintana-Quintana, 383 F.3d 1052, 1053 (9th Cir.2004); United States v. Martin, 278 F.3d 988, 1006 (9th Cir.2002) (stating, “criminal history need not be proved to a jury beyond a reasonable doubt”); United States v. Castillo-Rivera, 244 F.3d 1020, 1025 (9th Cir.2001) (rejecting contention that the fact of the temporal relationship of the removal to the prior conviction is beyond the scope of Supreme…