Carvajal-Osorio

MEMORANDUM **

Ricardo Guillermo Carvajal-Osorio appeals from the 57-month sentence imposed following his guilty-plea conviction for illegal re-entry following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm and remand.

Carvajal-Osorio’s contention regarding the continuing validity of Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), as well as his contention that the district court erred by enhancing his sentence under 8 U.S.C. § 1326 (b) based on non-jury fact-finding regarding his prior conviction are both foreclosed. See United States v. Beng-Salazar, 452 F.3d 1088, 1091 (9th Cir.2006); United States v. Weiland, 420 F.3d 1062 , 1080 n. 16 (9th Cir.2005); United States v. Quintana-Quintana, 383 F.3d 1052,1053 (9th Cir.2004) (order).

Carvajal-Osorio next contends that the district court impermissibly double counted his prior conviction in order to increase his sentence. We disagree.

We have previously determined that using a prior conviction as a basis for a sentencing enhancement and in calculating a defendant’s criminal history score is not impermissible double…