Alvarado

MEMORANDUM **

Defendant-Appellant Salvador Alvarado appeals his sentence based on his guilty plea to violations of 8 U.S.C. § 1326 as well as the conditions of his supervised release. He argues that his sentence is unconstitutional because Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), is no longer good law or, alternatively, should be limited to its facts and procedural posture. He also contends that a provision of his supervised release allowing search and seizure without a warrant or cause is unconstitutional. We deferred our decision and then withdrew submission of this case to await the Supreme Court’s decision in Samson v. California, — U.S. -, 126 S.Ct. 2193 , 165 L.Ed.2d 250 (2006). We have jurisdiction under 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 . We now affirm the district court’s sentence and the contested provision of his supervised release. We do not recite the facts here as they are known to the parties.

I.

Appellant first argues that recent Supreme Court cases have undermined the Almendarez-Torres exception to Apprendi v. New Jersey, 530 U.S. 466, 488 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), and therefore that…