
    UNITED STATES of America, Plaintiff-Appellee, v. Lawrence Puzon BATAN, Defendant-Appellant.
    No. 06-50453.
    United States Court of Appeals, Ninth Circuit.
    Submitted March 18, 2008.
    
    Filed March 25, 2008.
    Alessandra P. Serano, Esq., Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
    Vince J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.
    Before: CANBY, T.G. NELSON, and BEA, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Lawrence Puzon Batan appeals from the 120-month sentence imposed following his guilty-plea conviction for use of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A), as enhanced by 18 U.S.C. § 924(c)(l)(A)(iii).

Batan contends that his Sixth Amendment rights were violated because the district court imposed a sentence higher than the maximum sentence authorized by facts he admitted or were found by a jury.

This contention is foreclosed. See United States v. Dare, 425 F.3d 634, 635-36, 640-43 (9th Cir.2005) (holding that the statutory maximum for § 924(e) is life imprisonment and that the judge may find during sentencing that a defendant discharged a firearm by a preponderance of the evidence).

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