U.S. Court of Appeals for the Ninth Circuit, 2007

United States v. Labra-Valladares

United States v. Labra-Valladares
U.S. Court of Appeals for the Ninth Circuit · Decided February 9, 2007 · Berzon, Leavy, McKeown
220 F. App'x 606

United States v. Labra-Valladares

Opinion of the Court

MEMORANDUM *

On December 3, 2004, we affirmed the district court’s judgment in this appeal. The Supreme Court vacated and remanded our disposition for consideration in light of its subsequent decision in United, States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). See Ramos-Birrueta v. United States, 543 U.S. 1183, 125 S.Ct. 1427,161 L.Ed.2d 185 (2005) (table).

We affirmed in our prior disposition the enhancement of appellant’s sentence based on a conviction that was neither pled nor proved to a jury, relying on United States v. Quintana-Quintana, 383 F.3d 1052 (9th Cir. 2004), cert. denied, 543 U.S. 1130, 125 S.Ct. 1100, 160 L.Ed.2d 1085 (2005) (holding that Blakely v. Washington, 542 U.S. 296,124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) did not overrule Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998)), United States v. Arellano-Rivera, 244 F.3d 1119, 1127 (9th Cir. 2001) (holding that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), did not overrule Almendarez-Torres).

We have recently reaffirmed this line of cases in light of the Supreme Court’s subsequent decision in Booker. See United States v. Brown, 417 F.3d 1077, 1078-79 (9th Cir. 2005). Consequently, the judgment of the district court is again

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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