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No. 8627826
United States Court of Appeals for the Ninth Circuit
United States v. Silva-Guerrero
No. 8627826 · Decided January 12, 2007
No. 8627826·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
January 12, 2007
Citation
No. 8627826
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Hernán Francisco Silva-Guerrero appeals the 41-month sentence imposed following his guilty plea to being found in the United States after illegal re-entry, in violation of 8 U.S.C. § 1326 . We have juris *688 diction pursuant to 28 U.S.C. § 1291 , and we affirm. Silva-Guerrero contends that the district court violated his constitutional rights by imposing a sentence in excess of the two-year maximum set forth in 8 U.S.C. § 1326 (a) based on a prior conviction that was neither proved to a jury nor admitted during the plea colloquy. Silva-Guerrero concedes, and we agree, that this contention is foreclosed. See United States v. Beng-Salazar, 452 F.3d 1088, 1091 (9th Cir.2006). 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 ** Hernán Francisco Silva-Guerrero appeals the 41-month sentence imposed following his guilty plea to being found in the United States after illegal re-entry, in violation of 8 U.S.C.
Key Points
01MEMORANDUM ** Hernán Francisco Silva-Guerrero appeals the 41-month sentence imposed following his guilty plea to being found in the United States after illegal re-entry, in violation of 8 U.S.C.
02Silva-Guerrero contends that the district court violated his constitutional rights by imposing a sentence in excess of the two-year maximum set forth in 8 U.S.C.
03§ 1326 (a) based on a prior conviction that was neither proved to a jury nor admitted during the plea colloquy.
04Silva-Guerrero concedes, and we agree, that this contention is foreclosed.
Frequently Asked Questions
MEMORANDUM ** Hernán Francisco Silva-Guerrero appeals the 41-month sentence imposed following his guilty plea to being found in the United States after illegal re-entry, in violation of 8 U.S.C.
FlawCheck shows no negative treatment for United States v. Silva-Guerrero in the current circuit citation data.
This case was decided on January 12, 2007.
Use the citation No. 8627826 and verify it against the official reporter before filing.