Garcia-Gonzalez

United States v. Garcia-Gonzalez

Good Law
201 F. App'x 519
United States Court of Appeals for the Ninth CircuitSeptember 14, 2006No. 05-50728California373 words

Opinion

Lead Opinion

MEMORANDUM **

Ramon Froilan Garcia-Gonzalez appeals his 70-month sentence imposed following his guilty plea to being found in the United States after illegal re-entry, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Garcia-Gonzalez contends that the district court violated his constitutional rights by imposing a sentence in excess of the two-year maximum set forth in 8 U.S.C. § 1326 (a) based on a prior conviction that was neither proved to a jury nor admitted during the plea colloquy. This contention is foreclosed by United States v. Beng-Salazar, 452 F.3d 1088, 1091 (9th Cir.2006).

Garcia-Gonzalez next contends that the enhanced sentence was inappropriate because the government did not allege, nor did he admit, the date of his deportation. At the plea colloquy, Garcia-Gonzalez admitted that he had been previously deported, but did not specify the date on which he had been deported. At sentencing, the district court enhanced Garcia-Gonzalez’s sentence based on his June 13, 2002 domestic-violence conviction; the district court also found that Garcia-Gonzalez had been removed four times, including a September 16, 2004…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.