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U.S. v. Rodriguez-Mejia

United States Court of Appeals, Ninth Circuit
Jan 18, 2008
264 F. App'x 614 (9th Cir. 2008)

Opinion

No. 06-10728.

Submitted January 14, 2008.

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

Filed January 18, 2008.

Ronald C. Rachow, Esq., Reno, NV, for Plaintiff-Appellee.

Michael K. Powell, Esq., Reno, NV, for Defendant-Appellant.

Appeal from the United States District Court for the District of Nevada, Howard D. McKibben, District Judge, Presiding. D.C. No. CR-06-00054-HDM.

Before: HALL, O'SCANNLAIN, and PAEZ, Circuit Judges.



MEMORANDUM

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


Geovanni Rodriguez-Mejia appeals from his sentence of 85 months in prison and three years of supervised release for unlawful re-entry by a 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, and we affirm.

Rodriguez-Mejia contends that the district court erred by increasing his sentence pursuant to 8 U.S.C. § 1326(b) because he did not admit, and a jury did not find beyond a reasonable doubt, the temporal relationship between the prior removal and prior conviction. We disagree. Because Rodriguez-Mejia admitted to the date of his prior removal in his Rule 11 hearing, there was no error. See United States v. Salazar-Lopez, 506 F.3d 748, 751-55 (9th Cir. 2007); United States v. Martinez-Rodriguez, 472 F.3d 1087, 1094 (9th Cir. 2007).

Rodriguez-Mejia further contends that Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), is limited to challenges to the indictment where the defendant admits the prior conviction during a guilty plea. This argument is foreclosed. See Salazar-Lopez, 506 F.3d at 751 n. 3.

Finally, Rodriguez-Mejia contends that in light of subsequent Supreme Court decisions, Almendarez-Torres is not binding precedent and has been overruled. This contention is foreclosed. See Salazar-Lopez, 506 F.3d at 751 n. 3.

AFFIRMED.


Summaries of

U.S. v. Rodriguez-Mejia

United States Court of Appeals, Ninth Circuit
Jan 18, 2008
264 F. App'x 614 (9th Cir. 2008)
Case details for

U.S. v. Rodriguez-Mejia

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Geovanni RODRIGUEZ-MEJIA…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 18, 2008

Citations

264 F. App'x 614 (9th Cir. 2008)