Cisneros-Gonzalez

MEMORANDUM **

In these consolidated appeals, Fidel Cisneros-Gonzalez appeals from his 30-month sentence, imposed following his guilty plea to being an alien found in the United States after deportation, in violation of 8 U.S.C. § 1326 , and from his consecutive 21-month sentence, imposed following revocation of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Cisneros-Gonzalez contends that pursuant to Dretke v. Haley, 541 U.S. 386 , 124 S.Ct. 1847 , 158 L.Ed.2d 659 (2004), the doctrine of avoidance of constitutional doubt requires that 8 U.S.C. § 1326 be construed such that the fact of removal subsequent to prior conviction must be admitted by the defendant or determined by a jury beyond a reasonable doubt. This Court, however, has rejected the contention that the temporal relationship between removal and a prior conviction is beyond the scope of the recidivism exception announced in Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. *162 1219 , 140 L.Ed.2d 350 (1998). See United States v. Castillo-Rivera, 244 F.3d 1020, 1025 (9th Cir.2001). Therefore, the doctrine of avoidance of constitutional doubt does not require § 1326 to be…