Sandoval-Saucedo

United States v. Sandoval-Saucedo

Good Law
235 F. App'x 500
United States Court of Appeals for the Ninth CircuitJuly 27, 2007No. 07-30015California243 words

Opinion

Lead Opinion

MEMORANDUM **

We have reviewed the record and the opening brief and conclude that the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 *501 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard). The United States Supreme Court’s decision in Almendarez-Torres v. United States, 523 U.S. 224, 247 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), remains binding on this court until the Court overrules it. See United States v. Weiland, 420 F.3d 1062 , 1079 n. 16 (9th Cir.2005) (noting that this court remains bound by the Supreme Court’s holding in Almendarez-Torres and that a district court may enhance a sentence on the basis of prior convictions, even if the fact of those convictions was not found by a jury beyond a reasonable doubt). Further, where as here, the defendant admits to the date of the prior removal and the date of the prior conviction was readily available from judicially noticeable documents, “[t]he district court could, therefore, readily conclude that [defendant] was removed ‘subsequent to’ his prior conviction, without making any factual findings not apparent from the face of the conviction…

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