United States v. Bernal-Portillo
United States v. Bernal-Portillo
Opinion of the Court
MEMORANDUM
In these consolidated cases, Noe Bernal-Portillo appeals from the 80-month sentence imposed following his guilty-plea conviction for illegal reentry following deportation, in violation of 8 U.S.C. § 1326.
Bernal-Portillo contends that his sentence enhancement, based on a prior conviction that was not alleged in the indictment, proved beyond a reasonable doubt, or admitted during plea proceedings, is unconstitutional. He further contends that, under the doctrine of constitutional avoidance, § 1326 should be construed to require proof beyond a reasonable doubt of a prior conviction used to enhance a sentence. As Bernal-Portillo concedes, these contentions are foreclosed. See Almendarez-Torres v. United States, 523 U.S. 224, 243-47, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998); United States v. Grisel, 488 F.3d 844, 846-47 (9th Cir. 2007) (en banc); United States v. Zepeda-Martinez, 470 F.3d 909, 912 (9th Cir. 2006).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. Bernal-Portillo does not raise any contentions regarding the 24-month sentence imposed in district court case CR-00-00294-PMP following revocation of supervised release,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.