Hernandez-Sanchez
United States v. Hernandez-Sanchez
Opinion
Lead Opinion
MEMORANDUM **
In these consolidated appeals following remand, Hernandez-Sanchez appeals the term to which he was re-sentenced for his two separate convictions of unlawful reentry after deportation, in violation of 8 U.S.C. § 1326 .
Hernandez-Sanchez contends that Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) should be limited to situations where the defendant admits the prior conviction and subsequent deportation during a plea colloquy and that this court’s case law has been effectively overruled by Shepard v. United States, 544 U.S. 13 , 125 S.Ct. 1254 , 161 L.Ed.2d 205 , (2005), and other recent Supreme Court decisions. These contentions are foreclosed. See United States v. Weiland, 420 F.3d 1062 , 1080 n. 16 (9th Cir.2005) (holding that we are bound to follow Almendarez-Torres even though it has been called into question, unless it is explicitly overruled by the Supreme Court); United States v. Velasquez-Reyes, 427 F.3d 1227, 1228 (9th Cir.2005) (rejecting contention that prior conviction must be proved to a jury if not admitted by the defendant and reaffirming that Almendarez-Torres has not been overruled).