Cruz-Cruz

MEMORANDUM **

Juan Cruz-Cruz appeals from the 46-month sentence imposed following a guilty-plea conviction for unlawful reentry by a deported alien, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Cruz-Cruz contends that his 46-month sentence unreasonable because the district court refused to reduce his sentence to account for the “unwarranted” sentencing disparities caused by the lack of fast-track systems in some districts. This contention is foreclosed by United States v. Marcial-Santiago, 447 F.3d 715, 719 (9th Cir.2006) (concluding that “the disparity between Appellants’ sentences and the sentences imposed on similarly situated defendants who are not prosecuted in fast-track districts is not unwarranted”).

Cruzr-Cruz also contends that the doctrine of constitutional avoidance requires that his sentence not exceed two years, the statutory maximum under 8 U.S.C. § 1326 (a), because he did not admit his prior conviction and it was not proven to a jury beyond a reasonable doubt. This argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998). See also United States…