Gonzalez

United States v. Gonzalez

Good Law
197 F. App'x 620
United States Court of Appeals for the Ninth CircuitAugust 11, 2006No. 05-50678California216 words

Opinion

Lead Opinion

*621 MEMORANDUM **

Gabriella Gonzales appeals the sentence imposed following her guilty plea to being an alien in the United States after deportation in violation of 8 U.S.C. § 1326 .

We have reviewed the record and the opening brief. We conclude that the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard).

The United States Supreme Court’s decision in Almendarez-Torres v. United States, 523 U.S. 224, 247 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), is binding on this court. See United States v. Weiland, 420 F.3d 1062 , 1079 n. 16 (9th Cir.2005) (noting that this court remains bound by the Supreme Court’s holding in AlmendarezTorres that a district court judge may enhance a sentence on the basis of prior convictions, even if the fact of those convictions was not found by a jury beyond a reasonable doubt); see also United States v. Beng-Salazar, 452 F.3d 1088 (9th Cir.2006).

Accordingly, the government’s unopposed motion for summary affirmance of the district court’s judgment is granted.

AFFIRMED.

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