Valdez-Ramirez

United States v. Valdez-Ramirez

Good Law
210 F. App'x 597
United States Court of Appeals for the Ninth CircuitDecember 8, 2006No. 06-10432California140 words

Lead Opinion

Lauro Alfonso Valdez-Ramirez appeals the 41-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.

Valdez-Ramirez contends that the district court violated his constitutional rights *598 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. Valdez-Ramirez concedes, and we agree, that this contention is foreclosed. See United States v. Beng-Salazar, 452 F.3d 1088, 1091 (9th Cir.2006).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.