Fernandez-Esparza

United States v. Fernandez-Esparza

Good Law
195 F. App'x 564
United States Court of Appeals for the Ninth CircuitJuly 28, 2006No. 05-10300California287 words

Opinion

Lead Opinion

MEMORANDUM **

Hector Fernandez-Esparza appeals from the 54-month sentence imposed following his guilty-plea conviction for unlawful reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Fernandez-Esparza contends that the district court erred in enhancing his sentence under 8 U.S.C. § 1326 (b) based on non-jury fact-finding regarding his prior conviction. His contention is 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 v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), even though it has been called into question, unless it is explicitly overruled by the Supreme Court); United States v. Quintana-Quintana, 383 F.3d 1052, 1053 (9th Cir.2004) (order).

Fernandez-Esparza next contends that his sentence was unreasonable pursuant to United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We disagree.

Because the district court discussed Fernandez-Esparza’s advisory sentencing guidelines range as well as sentencing factors from 18 U.S.C. § 3553 (a), the 54-month sentence is…

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