United States v. Maldonado
United States v. Maldonado
Opinion of the Court
MEMORANDUM
Elias Maldonado appeals from the 51-month sentence imposed following a guilty-plea conviction for unlawful reentry by a deported alien in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Maldonado contends that the doctrine of constitutional avoidance requires limiting his sentence to two years, the statutory maximum under 8 U.S.C. § 1326(a), because he did not admit his prior conviction and it was not proven to a jury beyond a reasonable doubt. This argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). See also United States v. Weiland, 420 F.3d 1062, 1079 n. 16 (9th Cir. 2005) (noting that Almendarez-Torres is binding precedent unless and until it is explicitly overruled by the Supreme Court).
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 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.