FILED
NOT FOR PUBLICATION DEC 12 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50023
Plaintiff - Appellee, D.C. No. 3:12-cr-00037-WQH
v.
MEMORANDUM*
AMADEO MEDINA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted December 9, 2014**
Before: WALLACE, LEAVY, and BYBEE, Circuit Judges.
Amadeo Medina appeals from the district court’s judgment and challenges
his jury-trial conviction and 94-month sentence for attempted entry after
deportation, 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).
Medina contends that his conviction and sentence violate the Sixth
Amendment because the fact of the prior conviction that subjected him to enhanced
penalties under section 1326(b) was neither alleged in the indictment nor proven to
the jury. The Supreme Court rejected this argument in Almendarez-Torres v.
United States, 523 U.S. 224, 239-47 (1998). Medina’s contention that
Almendarez-Torres has been implicitly overruled is incorrect. See Alleyne v.
United States, 133 S. Ct. 2151, 2160 n.1 (2013) (expressly declining to revisit
holding in Almendarez-Torres).
AFFIRMED.
2 14-50023