United States v. Santana-Ramirez

U.S. Court of Appeals for the Ninth Circuit
United States v. Santana-Ramirez, 263 F. App'x 570 (9th Cir. 2008)

United States v. Santana-Ramirez

Opinion of the Court

MEMORANDUM **

We have reviewed the record and the opening brief and conclude that the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (per curiam) (stating standard). The United States Su*571preme Court’s decision in Almendarez-Torres v. United States, 523 U.S. 224, 247, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), remains binding on this court until the Court overrules it. See United States v. Wetland, 420 F.3d 1062, 1079 n. 16 (9th Cir. 2005) (noting that this court remains bound by the Supreme Court’s holding in Almendarez-Totres that the district court may enhance a sentence on the basis of prior convictions, even if the fact of those convictions was not found by a jury beyond a reasonable doubt).

Accordingly, the government’s motion for summary affirmance of the district court’s judgment is granted.

AFFIRMED.

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff—Appellee v. Nicandro SANTANA-RAMIREZ, Defendant—Appellant
Status
Published