United States v. Felix-Ramirez

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Jorge FELIX-RAMIREZ…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jan 17, 2006

165 F. App'x 513 (9th Cir. 2006)

Opinion

165 Fed.Appx. 513 (9th Cir. 2006) UNITED STATES of America, Plaintiff--Appellee, v. Jorge FELIX-RAMIREZ, Defendant--Appellant. No. 05-10223. United States Court of Appeals, Ninth Circuit. January 17, 2006

Submitted Jan. 9, 2006. ^*

* This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Nevada, Roger L. Hunt, District Judge, Presiding. D.C. No. CR-04-00283-RLH/RJJ.

Before: HUG, O'SCANNLAIN and SILVERMAN, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Jorge Felix-Ramirez appeals the sentence imposed following his guilty plea to unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326. Felix-Ramirez contends that his sentence in excess of two years, based on a sentencing enhancement under 8 U.S.C. § 1326(b)(2) for a prior drug trafficking conviction, is illegal and violated his Sixth Amendment rights under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). As Felix-Ramirez acknowledges, his contention has been rejected by this court. See United States v. Quintana-Quintana, 383 F.3d 1052 (9th Cir.2004).

AFFIRMED.