United States v. Tapia-Velasquez
United States v. Tapia-Velasquez
Opinion of the Court
MEMORANDUM
Juan Manuel Tapia-Velasquez appeals the 46-month sentence imposed following his guilty plea conviction for illegal reentry following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 18 U.S.C. § 3742(a), and we remand.
Tapia-Velasquez contends that his sentence violates the Sixth Amendment because it was enhanced on the basis of a prior felony conviction which was neither admitted to by him nor alleged in the indictment. This claim is foreclosed by United States v. Moreno-Hernandez, 419 F.3d 906, 914-15 n. 8 (9th Cir. 2005) (holding that an 8 U.S.C. § 1326(b) sentence enhancement based on the fact of a prior conviction for assault raised no Sixth Amendment problems). However, because Tapia-Velasquez was sentenced under the mandatory guidelines, we remand the case for further proceedings consistent with United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc). See Moreno-Hernandez, 419 F.3d at 915-16 (extending
REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.