Ramos-Contreras

MEMORANDUM **

Miguel Angel Ramos-Contreras appeals from the 77-month sentence imposed after his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not err in applying an enhancement pursuant to 8 U.S.C. § 1326 (b)(2) based on Ramos-Contreras’ prior felony drug trafficking conviction. The fact of a prior conviction does not need to be admitted by the defendant or proven to a jury beyond a reasonable doubt for purposes of sentencing. See United States v. Booker, 543 U.S. 220, 244 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005); United States v. Weiland, 420 F.3d 1062 , 1080 n. 16 (9th Cir.2005) (noting the continuing vitality of Almendarez-Torres v. United States, 523 U.S. 224, 247 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998)).

The district court did not err in denying a downward departure for early disposition, because the prosecutor did not make such an offer. See United States v. Marcial-Santiago, 447 F.3d 715, 717-18 (9th Cir.2006) (holding sentence was not unreasonable where defendant was denied downward departure for early disposition in a district that…