USA V. JOSE MUNOZ-GARCIA, No. 14-10028 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 12 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 14-10028 D.C. No. 4:13-cr-00501-RCC v. MEMORANDUM* JOSE LUIS MUNOZ-GARCIA, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Marvin E. Aspen, District Judge, Presiding** Submitted December 9, 2014*** Before: WALLACE, LEAVY, and BYBEE, Circuit Judges. Jose Luis Munoz-Garcia appeals from the district court’s judgment and challenges his guilty-plea conviction and 70-month sentence for reentry after * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Marvin E. Aspen, Senior United States District Judge for the Northern District of Illinois, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Munoz-Garcia contends that his conviction and sentence violate the Fifth and Sixth Amendments because the fact of the prior conviction that subjected him to enhanced penalties under section 1326(b)(2) was not alleged in the indictment. As Munoz-Garcia acknowledges, we are bound by Almendarez-Torres v. United States, 523 U.S. 224, 239-47 (1998), in which the Supreme Court rejected this argument. AFFIRMED. 2 14-10028

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