United States v. Delgado-Rodriguez

MEMORANDUM ** Ruperto Delgado-Rodriguez appeals the sentence imposed following his guilty plea to unlawful reentry after deportation, in violation of 8 U.S.C. § 1326 . He contends that in violation of the Fifth and Sixth Amendments, his sentence was enhanced with a prior conviction not alleged in the indictment, proved beyond a reasonable doubt, or admitted during plea proceedings. He also contends that under the doctrine of constitutional avoidance, § 1326 should be construed to require proof beyond a reasonable doubt of a prior conviction used to enhance a sentence. As Delgado-Rodriguez. acknowledges, these contentions are foreclosed. See United States v. Grisel, 488 F.3d 844, 846-47 (9th Cir.2007) (en banc); United States v. Weiland, 420 F.3d 1062 , 1079 n. 16 (9th Cir. 2005), cert, denied, 547 U.S. 1114 , 126 S.Ct. 1911 , 164 L.Ed.2d 667 (2006). We therefore affirm the sentence. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.