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No. 8642288
United States Court of Appeals for the Ninth Circuit
United States v. Nicolas-Marcial
No. 8642288 · Decided July 20, 2007
No. 8642288·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
July 20, 2007
Citation
No. 8642288
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Armando Nicolas-Marcial appeals from the 57-month sentence imposed following his guilty-plea conviction for being a previously 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 . We review de novo, United States v. Covian-Sandoval, 462 F.3d 1090, 1093 (9th Cir.2006), and we affirm. Nicolas-Marcial contends that the district judge improperly relied upon a prior aggravated felony conviction, which was not admitted during the guilty plea, to enhance his sentence beyond the statutory maximum term under 8 U.S.C. § 1326 (a). This contention is foreclosed by our holding in Covian-Sandoval. See id. at 1096-97. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Armando Nicolas-Marcial appeals from the 57-month sentence imposed following his guilty-plea conviction for being a previously deported alien found in the United States, in violation of 8 U.S.C.
Key Points
01MEMORANDUM ** Armando Nicolas-Marcial appeals from the 57-month sentence imposed following his guilty-plea conviction for being a previously deported alien found in the United States, in violation of 8 U.S.C.
02Covian-Sandoval, 462 F.3d 1090, 1093 (9th Cir.2006), and we affirm.
03Nicolas-Marcial contends that the district judge improperly relied upon a prior aggravated felony conviction, which was not admitted during the guilty plea, to enhance his sentence beyond the statutory maximum term under 8 U.S.C.
04This contention is foreclosed by our holding in Covian-Sandoval.
Frequently Asked Questions
MEMORANDUM ** Armando Nicolas-Marcial appeals from the 57-month sentence imposed following his guilty-plea conviction for being a previously deported alien found in the United States, in violation of 8 U.S.C.
FlawCheck shows no negative treatment for United States v. Nicolas-Marcial in the current circuit citation data.
This case was decided on July 20, 2007.
Use the citation No. 8642288 and verify it against the official reporter before filing.