Opinion
No. 06-30357.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed November 26, 2007.
Pamela Jackson Byerly, Esq., USSP — Office of the U.S. Attorney, Spokane, WA, for Plaintiff-Appellee.
Tracy A. Staab, Esq., FPDWA — Federal Public Defender's Office, Spokane, WA, for Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of Washington, William Fremming Nielsen, Senior District Judge, Presiding. D.C. No. CR-05-00219-WFN.
Before: TROTT, W. FLETCHER, and CALLAHAN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Manuel Rosas appeals from the 63-month sentence imposed following his plea of guilty to being an alien in the United States following deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Rosas contends that 8 U.S.C. § 1326(b) should be construed to require the defendant to admit, or the jury to find beyond a reasonable doubt, the fact that a prior removal was "subsequent to" a prior felony conviction. Because the record indicates that Rosas admitted the date of removal at the change-of-plea hearing, we reject this contention. See United States v. Bolanos-Hernandez, 492 F.3d 1140, 1148 (9th Cir. 2007).
Rosas also contends that Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), is invalid. We also reject this contention. See Bolanos-Hernandez, 492 F.3d at 1148.