Hernandez-Haros

United States v. Hernandez-Haros

Good Law
171 F. App'x 633
United States Court of Appeals for the Ninth CircuitMarch 17, 2006No. 04-10324California381 words

Opinion

Lead Opinion

MEMORANDUM ** and ORDER

Jesus Arturo Hernandez-Haros appeals from the sentence imposed following his guilty plea conviction for unlawful reentry of a deported alien, in violation of 8 U.S.C. § 1326 . Hernandez-Haros contends that the district court erred by enhancing his sentence under 8 U.S.C. § 1326 (b) 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. As HernandezHaros concedes, this contention is foreclosed by our 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-Hemandez, 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 , 140 L.Ed.2d 350 (1998), even though it…

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