Sanchez-Espinoza
United States v. Sanchez-Espinoza
Opinion
Lead Opinion
*541 MEMORANDUM **
Audel De Jesus Sanchez-Espinoza appeals from the 57-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Sanchez-Espinoza contends that the district court impermissibly enhanced his sentence beyond the two-year statutory maximum based upon a prior conviction that was neither admitted by him nor found by a jury beyond a reasonable doubt, in violation of Apprendi v. New Jersey, 530 U.S. 466, 490 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). This contention is foreclosed. See United States v. CovianSandoval, 462 F.3d 1090, 1096-97 (9th Cir. 2006).
Sanchez-Espinoza also contends that the district court erred in failing to adequately consider the 18 U.S.C. § 3553 (a) factors and by attaching a presumption of reasonableness to the Guidelines. This contention fails as the record reflects that the district court imposed the within-Guidelines range sentence after properly considering the § 3553(a) factors as well as Sanehez-Espinoza’s request for a downward departure and arguments in mitigation. Furthermore,…