Arredondo-Valenzuela
United States v. Arredondo-Valenzuela
Opinion
Lead Opinion
MEMORANDUM **
Jesus Arredondo-Valenzuela appeals from the 57-month sentence imposed fol *652 lowing his guilty-plea conviction for being an alien found in the United States after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
We reject Arredondo-Valenzuela’s contention that his sentence was unreasonable under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). The district court calculated the advisory Guidelines range, considered and rejected Arredondo-Valenzuela’s contentions regarding sentence reductions for cultural assimilation and early disposition, weighed the 18 U.S.C. § 3553 (a) sentencing factors, and imposed a sentence at the low end of the advisory Guidelines range. See United States v. Plouffe, 436 F.3d 1062, 1063 (9th Cir.), as amended by 445 F.3d 1126 , cert. denied, — U.S.-, 126 S.Ct. 2314 , 164 L.Ed.2d 832 (2006).
Arredondo-Valenzuela also contends that his constitutional rights were violated by the use of a prior conviction to enhance his sentence because he did not admit to the prior conviction and it was not proven to a jury beyond a reasonable doubt. This argument…