United States v. Rosas

MEMORANDUM ** Manuel Rosas appeals from the 63-month sentence imposed following his plea of guilty to being an alien in the United *288 States following deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Rosas contends that 8 U.S.C. § 1326 (b) should be construed to require the defendant to admit, or the jury to find beyond a reasonable doubt, the fact that a prior removal was “subsequent to” a prior felony conviction. Because the record indicates that Rosas admitted the date of removal at the change-of-plea hearing, we reject this contention. See United States v. Bolanos-Hernandez, 492 F.3d 1140, 1148 (9th Cir.2007). Rosas also contends that AlmendarezTorres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), is invalid. We also reject this contention. See Bolanos-Hernandez, 492 F.3d at 1148 . AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provid *288 ed by 9th Cir. R. 36-3.