Garcia-Munoz

United States v. Garcia-Munoz

Good Law
174 F. App'x 406
United States Court of Appeals for the Ninth CircuitApril 6, 2006No. 05-30300California248 words

Opinion

Lead Opinion

MEMORANDUM **

Hector Garcia-Munoz appeals from his 46-month sentence imposed following his guilty plea conviction to re-entering the United States after deportation, in violation of 8 U.S.C. § 1326 .

We have jurisdiction pursuant to 28 U.S.C. § 1291 . The facts are known to the parties and will not be repeated here.

The district court did not err by relying on the PSR accompanied by a computer-generated certified statement of conviction and court docket entries as establishing Garcia-Munoz’s prior convictions for marijuana possession and D.U.I. absent any claim that the records were inaccurate or not genuine. See United States v. Romero-Rendon, 220 F.3d 1159, 1163 (9th Cir.2000).

The district court did not err by imposing an increased sentence pursuant to 8 U.S.C. § 1326 (b)(2) based on the fact of a prior conviction not charged in the indictment, nor admitted by the defendant, nor proved to a jury. Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998); see United *407 States v. Wetland, 420 F.3d 1062 , 1079 n. 16 (9th Cir.2005) (holding that United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005) and Shepard v.…

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