United States v. Medina-Garcia
United States v. Medina-Garcia
Opinion of the Court
MEMORANDUM
Victoriano Medina-Garcia 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.
We lack jurisdiction to review the district court’s denial of his request for a downward departure because there is no indication in the record that the district
Citing Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), Medina-Garcia contends that the district court violated his rights to a jury trial and due process by imposing a 16-level enhancement based on a prior crime of violence, without proof to a jury beyond a reasonable doubt or an admission by Medina-Garcia. This contention is foreclosed by United States v. Quintana-Quintana, 383 F.3d 1052 (9th Cir. 2004) (order) (observing that Blakely preserved the rule that a 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.
Reference
- Full Case Name
- United States v. Victoriano MEDINA-GARCIA
- Status
- Published