United States v. Cartagena-Castillo

MEMORANDUM ^**

Mario Cartagena-Castillo appeals from the 36-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326(a) and enhanced by (b)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Cartagena-Castillo contends that Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), is invalid. We reject this contention. See United States v. Maciel-Vasquez, 458 F.3d 994, 995-96 (9th Cir.2006).

Cartagena-Castillo also contends that the condition of his supervised release that requires him to report to the probation office if he re-enters the United States violates his Fifth Amendment right against self-incrimination. This argument is foreclosed by United States v. Abbouchi, 502 F.3d 850, 859 (9th Cir.2007).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.