United States v. Ruiz-Gonzalez

185 F. App'x 630

Opinion

MEMORANDUM

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Tomas Ruiz-Gonzalez appeals the sentence imposed following his conviction for unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326. Ruiz-Gonzalez contends that the district court erred in enhancing his sentence under 8 U.S.C. § 1326(b) based on a non-jury fact-finding regarding his prior conviction. As Ruiz-Gonzalez concedes, his contention is foreclosed by this court’s precedent, and he raises the issue only to preserve it should legal precedent change. See United States v. Weiland, 420 F.3d 1062, 1079 n. 16 (9th Cir.2005) (holding that we are bound to follow Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), even though it has been called into question, unless it is explicitly overruled by the Supreme Court); United States v. Quintana-Quintana, 383 F.3d 1052, 1053 (9th Cir.2004).

AFFIRMED.

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