Court of Appeals for the Ninth Circuit November 26, 2007, No. 07-50174 (United States v. Arevalo-Huerta)

MEMORANDUM **

Jose Martin Arevalo-Huerta appeals the sentence imposed following his guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. § 1326(a) & (b). Arevalo-Huerta contends that, pursuant to the doctrine of avoidance of constitutional doubt, the holding of Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.