United States v. Francisco Garcia-Manzo

383 F. App'x 660

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 14, 2010
• Docket: 09-50313
• Status: Unpublished

Opinion

MEMORANDUM **

Francisco Javier Garcia-Manzo appeals from the 70-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Garcia-Manzo contends that the district court procedurally erred by failing to ad dress his policy challenge to the enhancements that apply under U.S.S.G. § 2L1.2(b)(1)(A). The record reflects that the district court responded to Garcia-Manzo’s argument and therefore did not procedurally err. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc).

Garcia-Manzo also contends that Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), should be overruled. As Garcia-Manzo recognizes, this contention is foreclosed. See United States v. Grajeda, 581 F.3d 1186, 1197 (9th Cir.2009) (recognizing that although the continuing viability of Almendarez-Torres has been called into question, this court is bound to follow controlling Supreme Court precedent).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.