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United States v. Wences-Bravo

Citation: 202 F. App'x 283Docket: No. 05-50915

Court: Court of Appeals for the Ninth Circuit; September 25, 2006; Federal Appellate Court

Narrative Opinion Summary

The appeal has been reviewed and deemed insubstantial, requiring no further argument as per the precedent set in *United States v. Hooton*. The binding nature of the Supreme Court’s decision in *Almendarez-Torres v. United States* is affirmed, establishing that a district court can enhance a sentence based on prior convictions without requiring jury findings beyond a reasonable doubt. This court’s stance is reinforced by *United States v. Weiland*. The specific condition of supervised release in question has previously been upheld in *United States v. Rodriguez-Rodriguez*. Consequently, the government's motion for summary affirmance of the district court's judgment is granted, and the decision is affirmed. The ruling is not intended for publication and cannot be cited in this circuit except as permitted by 9th Cir. R. 36-3.

Legal Issues Addressed

Enhancement of Sentence Based on Prior Convictions

Application: The court affirmed that a district court may enhance a sentence based on prior convictions without jury findings beyond a reasonable doubt, following Supreme Court precedent.

Reasoning: The binding nature of the Supreme Court’s decision in *Almendarez-Torres v. United States* is affirmed, establishing that a district court can enhance a sentence based on prior convictions without requiring jury findings beyond a reasonable doubt.

Non-Publication and Citation Rules

Application: The ruling is not intended for publication and has limitations on citation within the circuit.

Reasoning: The ruling is not intended for publication and cannot be cited in this circuit except as permitted by 9th Cir. R. 36-3.

Summary Dismissal of Appeal

Application: The court deemed the appeal insubstantial based on established precedent, thus requiring no further argument.

Reasoning: The appeal has been reviewed and deemed insubstantial, requiring no further argument as per the precedent set in *United States v. Hooton*.

Supervised Release Conditions

Application: The specific condition of supervised release challenged in the appeal has been upheld by prior circuit precedent.

Reasoning: The specific condition of supervised release in question has previously been upheld in *United States v. Rodriguez-Rodriguez*.

Support for Sentence Enhancement

Application: The court reinforced its stance on sentence enhancement through precedent established in prior circuit decisions.

Reasoning: This court’s stance is reinforced by *United States v. Weiland*.