Urquides-Torres

United States v. Urquides-Torres

Good Law
238 F. App'x 189
United States Court of Appeals for the Ninth CircuitJune 15, 2007No. 05-50868California946 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant-appellant Marcos Javier Urquides-Torres pled guilty to violating 8 U.S.C. § 1326 . He was sentenced to a term of imprisonment of seventy-seven months. He now appeals his sentence on various grounds. We affirm.

I.

The district court determined that Urquides-Torres faced a statutory maximum sentence of twenty years’ imprisonment under § 1326(b)(2) because he previously had been removed from the United States subsequent to a conviction for the commission of an aggravated felony. UrquidesTorres contends that this determination was improper.

Urquides-Torres’s arguments contesting the district court’s finding of his date of conviction are squarely foreclosed by Ninth Circuit precedent. See, e.g., United States v. Covian-Sandoval, 462 F.3d 1090, 1096-98 (9th Cir.2006), cert. denied, — U.S. -, 127 S.Ct. 1866 , 167 L.Ed.2d 355 (2007); see also United States v. Espinoza-Cano, 456 F.3d 1126, 1130 (9th Cir.2006); United States v. Beng-Salazar, 452 F.3d 1088, 1091 (9th Cir.2006); United States v. Diaz-Argueta, 447 F.3d 1167, 1170 (9th Cir.2006).

Urquides-Torres also contends that § 1326(b)(2) is inapplicable because “the government did not allege, a jury did *191…

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