Castellanos-Flores

United States v. Castellanos-Flores

Good Law
217 F. App'x 686
United States Court of Appeals for the Ninth CircuitJanuary 12, 2007No. 06-10431California131 words

Lead Opinion

MEMORANDUM **

Sergio Castellanos-Flores appeals the 82-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.

Castellanos-Flores 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. Castellanos-Flores 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 is not precedent except as provided by 9th Cir. R. 36-3.