United States v. Barrera-Galan

117 F. App'x 575

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 13, 2004
• Docket: No. 04-10150; D.C. No. CR-03-00331-LDJ/RJJ
• Status: Published

Opinion

MEMORANDUM

**

Javier Barrera-Galan appeals the sentence imposed following his guilty plea to unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326.

Barrera-Galan’s contention that the entire federal Sentencing Guidelines are unconstitutional under Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), is foreclosed by United States v. Ameline, 376 F.3d 967, 981-82 (9th Cir.2004) (declining invitation to declare Guidelines as a whole unconstitutional after Blakely).

Barrera-Galan’s contention that the district court erred under Blakely by applying a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii) for a prior crime of violence, without proof to a jury or an admission by Barrera-Galan, is foreclosed by United States v. Quintana-Quintana, 383 F.3d 1052 (9th Cir.2004) (order) (observing that Blakely preserved the rule that a § 2L1.2 sentencing enhancement based on a prior conviction need not be presented to a jury).

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.