Court of Appeals for the Ninth Circuit May 18, 2006, No. 05-50895 (United States v. Vallejo-Bonaparte)

MEMORANDUM **

Jose Guadalupe Vallejo-Bonaparte appeals the sentence imposed following his guilty plea to attempted entry after deportation in violation of 8 U.S.C. § 1326. Vallejo-Bonaparte contends that in light of case law subsequent to Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), including Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254, 161 L.