Court of Appeals for the Ninth Circuit November 14, 2005, No. 04-10487 (United States v. Torres-Acosta)

MEMORANDUM *

1. Ricardo Torres-Acosta’s argument that the sentencing enhancement for his prior crimes violates his Sixth Amendment rights “is foreclosed ... [because] Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) carves out an exception for proving the fact of prior conviction.” United States v. Brown, 417 F.3d 1077,1078-79 (9th Cir.2005).

2.