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No. 8622193
United States Court of Appeals for the Ninth Circuit
United States v. Caballero-Villeda
No. 8622193 · Decided June 19, 2006
No. 8622193·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
June 19, 2006
Citation
No. 8622193
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Jorge Caballero-Villeda appeals from the 46-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 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . Caballero-Villeda contends that under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), the fact of his prior conviction and that it occurred before his deportation needed to be charged in the indictment and proven to a jury beyond a reasonable doubt. This argument is foreclosed by United States v. Esparza-Gonzalez, 422 F.3d 897, 907 (9th Cir.2005), and United States v. Rodriguez-Lara, 421 F.3d 932, 949-50 (9th Cir.2005). AFFIRMED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Plain English Summary
MEMORANDUM ** Jorge Caballero-Villeda appeals from the 46-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.
Key Points
01MEMORANDUM ** Jorge Caballero-Villeda appeals from the 46-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.
02738 , 160 L.Ed.2d 621 (2005), the fact of his prior conviction and that it occurred before his deportation needed to be charged in the indictment and proven to a jury beyond a reasonable doubt.
03Esparza-Gonzalez, 422 F.3d 897, 907 (9th Cir.2005), and United States v.
04This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Frequently Asked Questions
MEMORANDUM ** Jorge Caballero-Villeda appeals from the 46-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.
FlawCheck shows no negative treatment for United States v. Caballero-Villeda in the current circuit citation data.
This case was decided on June 19, 2006.
Use the citation No. 8622193 and verify it against the official reporter before filing.