United States v. Fernandez-Gamez
United States v. Fernandez-Gamez
Opinion of the Court
MEMORANDUM
Gorgonio Fernandez-Gamez appeals his 51-month sentence imposed following his guilty plea to being found in the United States after illegal re-entry, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Fernandez-Gamez contends that the district court violated his constitutional rights by imposing a sentence in excess of the two-year maximum set forth in 8 U.S.C. § 1326(a) based on a prior conviction that was neither proved to a jury nor admitted during the plea colloquy. This contention is foreclosed by United States v. Beng-Salazar, 452 F.3d 1088, 1091 (9th Cir. 2006).
We also reject Fernandez-Gamez’s contention that the enhanced sentenced was inappropriate because the government did not allege that the date of his deportation was subsequent to his prior conviction. See United States v. Castillo-Rivera, 244 F.3d 1020, 1024-25 (9th Cir. 2001); see also United States v. Hernandez-Hernandez,
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.