Narrative Opinion Summary
Gabriel Ruiz-Chavez appeals a 21-month sentence following his guilty plea for being a deported alien found in the United States, violating 8 U.S.C. § 1326. The court has jurisdiction under 28 U.S.C. § 1291. Ruiz-Chavez argues that the two-year supervised release portion of his sentence is erroneous, asserting that his prior conviction should have been charged in the indictment and proven to a jury beyond a reasonable doubt. However, this argument is rejected as it is contrary to established precedents in United States v. Esparza-Gonzalez and United States v. Wetland. The court affirms the sentence. This memorandum is not intended for publication and cannot be cited in future court cases within the circuit, as per Ninth Circuit Rule 36-3.
Legal Issues Addressed
Jurisdiction under 28 U.S.C. § 1291subscribe to see similar legal issues
Application: The court exercised its jurisdiction to review the appeal of Ruiz-Chavez's sentence.
Reasoning: The court has jurisdiction under 28 U.S.C. § 1291.
Non-Citability of Memorandum under Ninth Circuit Rule 36-3subscribe to see similar legal issues
Application: The court's memorandum is not intended for publication and cannot be cited in future cases within the circuit.
Reasoning: This memorandum is not intended for publication and cannot be cited in future court cases within the circuit, as per Ninth Circuit Rule 36-3.
Precedent under United States v. Esparza-Gonzalez and United States v. Wetlandsubscribe to see similar legal issues
Application: The court relied on these precedents to reject Ruiz-Chavez's argument regarding the indictment and proof of prior conviction.
Reasoning: However, this argument is rejected as it is contrary to established precedents in United States v. Esparza-Gonzalez and United States v. Wetland.
Supervised Release under 8 U.S.C. § 1326subscribe to see similar legal issues
Application: Ruiz-Chavez challenged the supervised release portion of his sentence but the court upheld it based on established precedents.
Reasoning: Ruiz-Chavez argues that the two-year supervised release portion of his sentence is erroneous, asserting that his prior conviction should have been charged in the indictment and proven to a jury beyond a reasonable doubt.