Reyes-Platero

MEMORANDUM **

Jose Alfredo Reyes-Platero (“Reyes”) challenges the sentence imposed by the district court following his plea of guilty to re-entry into the United States after removal in violation of 8 U.S.C. § 1326 (a), (b)(2). We deferred submission pending our en banc decision in United States v. Carty, 520 F.3d 984 (9th Cir.2008). We now affirm, with the exception of certain supervised release conditions.

Reyes first contends that § 1326(b)’s aggravated felony enhancement provision, as interpreted by the Supreme Court in Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), is no longer good law. We have previously considered, and foreclosed, that argument. See United States v. Martinez-Rodriguez, 472 F.3d 1087, 1093 (9th Cir.2007) (“We again reiterate that, while Apprendi may cast doubt on the continuing viability of Almendarez-Torres, Almendarez-Torres remains the law unless and until it is overruled by the Supreme Court”).

Reyes next contends that the district court violated Federal Rule of Criminal Procedure 32(i)(3)(B) by failing to make a finding at his sentencing hearing regarding the controverted, material issue of his motivation…