United States v. Huerta

MEMORANDUM ** Jose Huerta appeals from the 240-month sentence imposed after his guilty-plea conviction for conspiracy to possess with intent to distribute and to distribute methamphetamine, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2 . The district court did not err in relying on charging documents and the abstract of judgment to support a finding that Huerta had a prior drug felony requiring application of a mandatory minimum sentence pursuant to 21 U.S.C. § 841 (b)(1)(A). See United States v. Rodriguez-Lara, 421 F.3d 932, 949-50 (9th Cir.2005). Contrary to Huerta’s contentions, the fact of a prior conviction does not need to be admitted by the defendant or proved to a jury beyond a reasonable doubt for purposes of sentencing. See United States v. Weiland, 420 F.3d 1062 , 1080 n. 16 (9th Cir.2005) (noting the continuing vitality of Almendarez-Torres v. United States, 523 U.S. 224, 247 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998)). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.