United States v. Gomez-Acevedo

MEMORANDUM ** Manuel Gomez-Acevedo appeals from the 45-month sentence imposed after 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 , and we affirm. First, Gomez-Acevedo contends that Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), only applies to cases where the defendant admits the fact of the prior conviction and deportation, that Almendarez-Torres has been overruled, and that § 1326(b) is unconstitutional. These contentions are foreclosed. See United States v. Beng-Salazar, 452 F.3d 1088, 1091 (9th Cir.2006). Next, Gomez-Acevedo contends that his sentence is unreasonable. We conclude that the district court properly considered the advisory Sentencing Guidelines and § 3553(a) factors in imposing the sentence. See United States v. Plouffe, 445 F.3d 1126, 1131 (9th Cir.), cert. denied, — U.S. -, 126 S.Ct. 2314 , 164 L.Ed.2d 832 (2006). Accordingly, we conclude that Gomez-Acevedo’s sentence was reasonable. See id. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.