Bernal-Portillo

United States v. Bernal-Portillo

Good Law
279 F. App'x 536
United States Court of Appeals for the Ninth CircuitMay 23, 2008Nos. 07-10344, 07-10345California194 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated cases, Noe Bernal-Portillo appeals from the 80-month sentence imposed following his guilty-plea conviction for illegal reentry following deportation, in violation of 8 U.S.C. § 1326 . 1 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Bernal-Portillo contends that his sentence enhancement, based on a prior conviction that was not alleged in the indictment, proved beyond a reasonable doubt, or admitted during plea proceedings, is unconstitutional. He further contends that, under the doctrine of constitutional avoidance, § 1326 should be construed to require proof beyond a reasonable doubt of a prior conviction used to enhance a sentence. As Bernal-Portillo concedes, these contentions are foreclosed. See Almendarez-Torres v. United States, 523 U.S. 224, 243-47 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998); United States v. Grisel, 488 F.3d 844, 846-47 (9th Cir.2007) (en banc); United States v. Zepeda-Martinez, 470 F.3d 909, 912 (9th Cir.2006).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

. Bernal-Portillo does not raise any contentions regarding the 24-month…

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