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No. 8622375
United States Court of Appeals for the Ninth Circuit
United States v. Ruiz-Chavez
No. 8622375 · Decided June 19, 2006
No. 8622375·Ninth Circuit · 2006·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
June 19, 2006
Citation
No. 8622375
Disposition
See opinion text.
Full Opinion
*732 MEMORANDUM ** Gabriel Ruiz-Chavez appeals from the 21-month sentence imposed following his guilty plea conviction for being a 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 . Ruiz-Chavez contends that the two-year supervised release portion of his sentence imposed by the district court is in error because the fact of his prior conviction needed to be charged in the indictment and proven to a jury beyond a reasonable doubt. This contention is foreclosed by United States v. Esparza-Gonzalez, 422 F.3d 897, 907 (9th Cir.2005), and United States v. Wetland, 420 F.3d 1062 , 1080 n. 16 (9th Cir.2005). 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 Ninth Circuit Rule 36-3.
Plain English Summary
*732 MEMORANDUM ** Gabriel Ruiz-Chavez appeals from the 21-month sentence imposed following his guilty plea conviction for being a deported alien found in the United States in violation of 8 U.S.C.
Key Points
01*732 MEMORANDUM ** Gabriel Ruiz-Chavez appeals from the 21-month sentence imposed following his guilty plea conviction for being a deported alien found in the United States in violation of 8 U.S.C.
02Ruiz-Chavez contends that the two-year supervised release portion of his sentence imposed by the district court is in error because the fact of his prior conviction needed to be charged in the indictment and proven to a jury beyond a reason
03Esparza-Gonzalez, 422 F.3d 897, 907 (9th Cir.2005), and United States v.
04This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Frequently Asked Questions
*732 MEMORANDUM ** Gabriel Ruiz-Chavez appeals from the 21-month sentence imposed following his guilty plea conviction for being a deported alien found in the United States in violation of 8 U.S.C.
FlawCheck shows no negative treatment for United States v. Ruiz-Chavez in the current circuit citation data.
This case was decided on June 19, 2006.
Use the citation No. 8622375 and verify it against the official reporter before filing.