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No. 8644088
United States Court of Appeals for the Ninth Circuit
United States v. Silva-Valencia
No. 8644088 · Decided September 27, 2007
No. 8644088·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
September 27, 2007
Citation
No. 8644088
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Ricardo Silva-Valencia appeals the sentence imposed following his guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . As Silva-Valencia acknowledges in his citation of supplemental authorities, our recent decision in United States v. Diaz-Luevano, 494 F.3d 1159 (9th Cir.2007) (per curiam), forecloses his contention that the district court erred in increasing his maximum sentence on the basis of a reinstatement of an immigration judge’s removal order. As he acknowledges in his opening brief, his contention that the district court violated his constitutional rights by increasing his statutory maximum on the basis of a prior conviction neither alleged in the indictment nor admitted also is foreclosed. See United States v. Grisel, 488 F.3d 844, 846 (9th Cir.2007) (en banc). 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 ** Ricardo Silva-Valencia appeals the sentence imposed following his guilty plea to being a deported alien found in the United States in violation of 8 U.S.C.
Key Points
01MEMORANDUM ** Ricardo Silva-Valencia appeals the sentence imposed following his guilty plea to being a deported alien found in the United States in violation of 8 U.S.C.
02As Silva-Valencia acknowledges in his citation of supplemental authorities, our recent decision in United States v.
03Diaz-Luevano, 494 F.3d 1159 (9th Cir.2007) (per curiam), forecloses his contention that the district court erred in increasing his maximum sentence on the basis of a reinstatement of an immigration judge’s removal order.
04As he acknowledges in his opening brief, his contention that the district court violated his constitutional rights by increasing his statutory maximum on the basis of a prior conviction neither alleged in the indictment nor admitted also is
Frequently Asked Questions
MEMORANDUM ** Ricardo Silva-Valencia appeals the sentence imposed following his guilty plea to 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. Silva-Valencia in the current circuit citation data.
This case was decided on September 27, 2007.
Use the citation No. 8644088 and verify it against the official reporter before filing.