Basulto-Terriquez
United States v. Basulto-Terriquez
Opinion
Lead Opinion
MEMORANDUM **
Juan Jose Basulto-Terriquez appeals from the 46-month sentence imposed following his guilty plea to unlawful reentry of a deported alien, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
Basulto-Terriquez first contends that the district court erred by declining to consider his argument that the disparity between his sentences, and the sentences imposed on similarly-situated defendants who are prosecuted in districts with fast-track programs, is unwarranted and renders his sentences unreasonable. This contention is foreclosed by this court’s holding in United States v. Marcial-Santiago, 447 F.3d 715, 717-19 (9th Cir.2006).
Basulto-Terriquez next contends that the district court erred by sentencing him to a term of 46 months when he only pled to the elements of 8 U.S.C. § 1326 (a), which carries a maximum sentence of two years. He also contends that Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), is no longer good law in light of the intervening Supreme Court decision Shepard v. United States, 544 U.S. 13 , 125 S.Ct. 1254 , 161 L.Ed.2d 205 (2004).