USA V. JACOBO FLORES-VASQUEZ, No. 14-50066 (9th Cir. 2015)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FEB 24 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 14-50066 D.C. No. 3:13-cr-02162-GPC v. MEMORANDUM* JACOBO FLORES-VASQUEZ, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Gonzalo P. Curiel, District Judge, Presiding Submitted February 17, 2015** Before: O’SCANNLAIN, LEAVY, and FERNANDEZ, Circuit Judges. 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. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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 (1998). Flores-Vasquez’s contention that Almendarez-Torres has been overruled is incorrect. See Alleyne v. United States, 133 S. Ct. 2151, 2160 n.1 (2013) (declining to revisit holding in Almendarez-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. 2 14-50066

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