Larumbe-Zuniga
United States v. Larumbe-Zuniga
Opinion
Lead Opinion
MEMORANDUM ***
Arquimides Larumbe-Zuniga appeals his sentence imposed after pleading guilty to being a previously excluded, deported, or removed alien found in the United States without consent, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a)(1), and we affirm.
I.
We reject the argument that Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) is no longer good law following Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005) and Shepard v. United States, 544 U.S. 13 , 125 S.Ct. 1254 , 161 L.Ed.2d 205 (2005). The Ninth Circuit still follows Almendarez-Torres. See United States v. Weiland, 420 F.3d 1062 , 1079 n. 16 (9th Cir.2005) (“Although recent Supreme Court jurisprudence has perhaps called into question the continuing viability of Almendarez-Torres, see, e.g., Shepard, 125 S.Ct. at 1263-64 (Thomas, J., concurring), we are bound to follow a controlling Supreme Court precedent until it is explicitly overruled by that Court.”) (citations omitted).