United States of America v. Jose Maria Felix-Villalobos, a.k.a. Jose Maria Felix

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE MARIA FELIX-VILLALOBOS,
a.k.a. Jose Maria Felix,
Defendant - Appellant.
No. 13-10632
D.C. No. 4:13-cr-01242-RCC
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, Chief Judge, Presiding
Submitted April 22, 2015**
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
Jose Maria Felix-Villalobos appeals from the district court’s judgment and
challenges the 48-month sentence imposed following his guilty-plea conviction for
reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction
FILED
APR 27 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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under 28 U.S.C. § 1291, and we affirm.
Felix-Villalobos contends that his sentence should not have exceed two
years 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
beyond a reasonable doubt. As Felix-Villalobos acknowledges, we are bound by
Almendarez-Torres v. United States, 523 U.S. 224, 239-47 (1998), in which the
Supreme Court rejected this argument.
AFFIRMED.
13-10632 2

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