United States v. Jimenez

344 F. App'x 361

Opinion

MEMORANDUM **

Juan Jimenez 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. Jimenez alleges that Almendarez-Torres v. United States, 523 U.S. 224, 227, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), was effectively overruled or limited by the doctrine of avoidance of constitutional doubt, and 8 U.S.C. § 1326(b) is unconstitutional. Jimenez concedes that his contentions are foreclosed by our prior decisions, see United States v. Grisel, 488 F.3d 844, 847 (9th Cir.2007) (en banc) (holding that the date of a prior conviction is part of the “fact” of a prior conviction for Apprendi purposes); United States v. Salazar-Lopez, 506 F.3d 748, 751 n. 3 (9th Cir.2007); United States v. Maciel-Vasquez, 458 F.3d 994, 995-96 (9th Cir.2006) (holding that 8 U.S.C. § 1326(b)(2) is constitutional); and that he raises them to preserve them for potential future review.

AFFIRMED.

Footnotes

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