United States v. Rodriguez-Vasquez
United States v. Rodriguez-Vasquez
Opinion of the Court
MEMORANDUM
Eduardo Rodriguez-Vazquez appeals his sentence imposed following his guilty plea to unlawfully entering the United States after having been previously deported in violation of 8 U.S.C. § 1326.
Rodriguez-Vazquez’s Sixth Amendment challenge to his sentencing enhancement based on a prior felony conviction remains foreclosed after United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). See United States v. Moreno-Hernandez, 419 F.3d 906, 915 n. 8 (9th Cir. 2005) (explaining that a district judge’s enhancement of a sentence, based on the fact of a prior conviction does not raise any Sixth Amendment problems).
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.