U.S. Court of Appeals for the Ninth Circuit, 2015

United States v. Jacobo Flores-Vasquez

United States v. Jacobo Flores-Vasquez
U.S. Court of Appeals for the Ninth Circuit · Decided February 24, 2015 · O'Scannlain, Leavy, Fernandez
594 F. App'x 355

United States v. Jacobo Flores-Vasquez

Opinion

MEMORANDUM **

Jacobo Flores-Vasquez appeals from the district court’s judgment and challenges the 48-month sentence imposed following his guilty-plea conviction for attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Flores-Vasquez contends that his sentence violates the Sixth Amendment because the fact of the prior conviction that subjected him to a higher statutory maximum under section 1326(b) was not admitted by him or proven to a jury. The Supreme Court rejected this argument in Almendarez-Torres v. United States, 523 U.S. 224, 239-47, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Flores-Vasquez’s contention that Almendarez-Torres has been overruled is incorrect. See Alleyne v. United States, — U.S.-, 133 S.Ct. 2151, 2160 n. 1, 186 L.Ed.2d 314 (2013) (declining to revisit holding in Almenda-rez-Torres ); see also United States v. Grajeda, 581 F.3d 1186, 1197 (9th Cir. 2009) (Supreme Court precedent is controlling until it is explicitly overruled by the Court).

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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