Jimenez-Carrillo
United States v. Jimenez-Carrillo
Opinion
Lead Opinion
MEMORANDUM **
Lorenzo Jimenez-Carrillo appeals from his jury conviction and the 33-month sentence imposed for illegal reentry following deportation, in violation of 8 U.S.C. § 1326 .
*583 Jimenez-Carrillo’s motion to file a pro se reply brief is granted. The Clerk shall file the pro se reply brief received on January 17, 2007.
We reject Jimenez-Carrillo’s contention that the admission of the warrant of deportation violated the Confrontation Clause. See United States v. Bahena-Cardenas, 411 F.3d 1067, 1075 (9th Cir.2005).
Jimenez-Carrillo’s argument that the district court erred in enhancing his sentence based on his prior conviction is foreclosed by United States v. Covian-Sandoval, 462 F.3d 1090, 1096 (9th Cir.2006) (permitting enhancement for a prior conviction), as is his challenge to the constitutionality of 8 U.S.C. § 1326 (b), see id. at 1096-97 .
We also reject the contention that the district court violated Jimenez-Carrillo’s Fifth Amendment rights by imposing as a condition of supervised release a requirement that he report to the probation office within 72 hours of entering the United States. See United States v. Abbouchi 502 F.3d 850, 859 (9th Cir.2007).