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No. 8621328
United States Court of Appeals for the Ninth Circuit
United States v. Hernandez
No. 8621328 · Decided May 22, 2006
No. 8621328·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
May 22, 2006
Citation
No. 8621328
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Eduardo Hernandez appeals from his sentence imposed following his conviction for unlawful reentry of a deported alien, in violation of 8 U.S.C. § 1326 . Hernandez contends that district court err by sentencing him to a term of 51 months when he only pled to the elements of 8 U.S.C. § 1326 (a), which carries a maximum sentence of two years. He contends that Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) is no longer good law. This issue is foreclosed. See United States v. Weiland, 420 F.3d 1062 , 1080 n. 16 (9th Cir.2005) (holding that we are bound to follow Almendarez-Torres even though it has been called into question, unless it is explicitly overruled by the Supreme Court). 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 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Eduardo Hernandez appeals from his sentence imposed following his conviction for unlawful reentry of a deported alien, in violation of 8 U.S.C.
Key Points
01MEMORANDUM ** Eduardo Hernandez appeals from his sentence imposed following his conviction for unlawful reentry of a deported alien, in violation of 8 U.S.C.
02Hernandez contends that district court err by sentencing him to a term of 51 months when he only pled to the elements of 8 U.S.C.
0316 (9th Cir.2005) (holding that we are bound to follow Almendarez-Torres even though it has been called into question, unless it is explicitly overruled by the Supreme Court).
04This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.
Frequently Asked Questions
MEMORANDUM ** Eduardo Hernandez appeals from his sentence imposed following his conviction for unlawful reentry of a deported alien, in violation of 8 U.S.C.
FlawCheck shows no negative treatment for United States v. Hernandez in the current circuit citation data.
This case was decided on May 22, 2006.
Use the citation No. 8621328 and verify it against the official reporter before filing.