United States v. Valdez-Brito

MEMORANDUM ** Remigio Valdez-Brito appeals from his guilty-plea conviction and 46-month sentence 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 , and we affirm. Valdez-Brito contends that the district court erred by denying his motion to suppress evidence of his unlawful presence in the United States. Because Valdez-Brito *546 pled guilty unconditionally, he waived his right to challenge any non-jurisdictional antecedent ruling. See United States v. Lopez-Armenta, 400 F.3d 1173, 1175 (9th Cir.2005). Valdez-Brito also contends that the district court erred under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), by enhancing his sentence based on facts not alleged in the indictment, admitted, or proven to a jury beyond a reasonable doubt. We conclude that any Apprendi error was harmless. See United States v. Salazar-Lopez, 506 F.3d 748, 751-56 (9th Cir.2007). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.