Vallejo-Bonaparte

MEMORANDUM **

Jose Guadalupe Vallejo-Bonaparte appeals the sentence imposed following his guilty plea to attempted entry after deportation in violation of 8 U.S.C. § 1326 . Vallejo-Bonaparte contends that in light of case law subsequent to Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), including Shepard v. United States, 544 U.S. 13 , 125 S.Ct. 1254 , 161 L.Ed.2d 205 (2005), the district court violates a defendant’s Fifth Amendment due process rights and Sixth Amendment right to a jury trial by finding facts, not admitted by the defendant nor found by a jury, that the defendant was convicted of a “crime of violence” or “aggravated felony” and that he was subsequently deported because of that crime.

This contention lacks merit. See United States v. Von Brown, 417 F.3d 1077, 1079-1080 (9th Cir.2005) (explaining after Shepard that the categorization of a prior conviction as a “violent felony” or a “crime of violence” is a legal question, not a factual question coming within the purview of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531 , 159 L.Ed.2d 403…