Ochoa-Navarette

MEMORANDUM **

Alejandra Ochoa-Navarette appeals from the sentence imposed following her guilty plea for unlawful reentry by a deported alien, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm and remand.

Ochoa-Navarette first contends that the district court erred in enhancing her sentence under 8 U.S.C. § 1326 (b) based on non-jury fact-finding regarding her prior conviction. As Ochoa-Navarette concedes, her contention is foreclosed by our precedent. See, e.g., United States v. Weiland, 420 F.3d 1062 , 1079 & n. 16 (9th Cir.2005) (holding that we are bound to follow Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), unless it is expressly overruled by the Supreme Court).

Ochoa-Navarette also contends that her sentence is unreasonable under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). After review of the sentencing record and consideration of the supplemental briefing addressing Rita v. United States, — U.S. —, 127 S.Ct. 2456 , 168 L.Ed.2d 203 *557 (2007), Gall v. United States, — U.S. —, 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007), and United States v. Carty, 520…