Bautista-Concepción

MEMORANDUM ***

Defendant-Appellant Juan Bautista-Concepción appeals his thirty-six month sentence following a guilty plea in the district court to a one count indictment charging him with being a previously deported alien found in the United States without permission in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

Defendant-Appellant argues that 8 U.S.C. § 1326 (b)(2) is unconstitutional because it allows a judge to determine, by a preponderance of the evidence, if a defendant was previously convicted, rather than requiring a jury’s determination of the conviction beyond a reasonable doubt. As Defendant-Appellant acknowledges, his argument is foreclosed by directly controlling Supreme Court precedent. See Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998). Therefore, we deny this claim.

Next, Defendant-Appellant argues that the district court erred by issuing a written Judgment and Commitment Order containing standard conditions of supervised release that differed from those orally imposed at the sentencing hearing. 1 We review this claim de novo. See United States v. Cade, 236 F.3d 463,…