Opinion
No. 06-50327.
This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed July 20, 2007.
USSD-Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
Andrew Lah, Esq., FDSD-Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California, William Q. Hayes, District Judge, Presiding. D.C. No. CR-05-02212-WQH.
Before: LEAVY, THOMAS, and BERZON, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Armando Nicolas-Marcial appeals from the 57-month sentence imposed following his guilty-plea conviction for being a previously deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, United States v. Covian-Sandoval, 462 F.3d 1090, 1093 (9th Cir. 2006), and we affirm.
Nicolas-Marcial contends that the district judge improperly relied upon a prior aggravated felony conviction, which was not admitted during the guilty plea, to enhance his sentence beyond the statutory maximum term under 8 U.S.C. § 1326(a). This contention is foreclosed by our holding in Covian-Sandoval. See id. at 1096-97.
AFFIRMED.