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No. 8621539
United States Court of Appeals for the Ninth Circuit
United States v. Pena-Garcia
No. 8621539 · Decided May 22, 2006
No. 8621539·Ninth Circuit · 2006·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
May 22, 2006
Citation
No. 8621539
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Efrain Pena-Garcia appeals from his sentence imposed following his guilty plea conviction for unlawful reentry of a deported alien, in violation of 8 U.S.C. § 1326 . Garcia contends that district court err by sentencing him to a term of 52 months when he only pled to the elements of 8 U.S.C. § 1326 (a), which carries a maximum sentence of two years and 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 ** Efrain Pena-Garcia appeals from his sentence imposed following his guilty plea conviction for unlawful reentry of a deported alien, in violation of 8 U.S.C.
Key Points
01MEMORANDUM ** Efrain Pena-Garcia appeals from his sentence imposed following his guilty plea conviction for unlawful reentry of a deported alien, in violation of 8 U.S.C.
02Garcia contends that district court err by sentencing him to a term of 52 months when he only pled to the elements of 8 U.S.C.
03§ 1326 (a), which carries a maximum sentence of two years and that Almendarez-Torres v.
0416 (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).
Frequently Asked Questions
MEMORANDUM ** Efrain Pena-Garcia appeals from his sentence imposed following his guilty plea conviction for unlawful reentry of a deported alien, in violation of 8 U.S.C.
FlawCheck shows no negative treatment for United States v. Pena-Garcia in the current circuit citation data.
This case was decided on May 22, 2006.
Use the citation No. 8621539 and verify it against the official reporter before filing.