#### UNITED STATES of America, Plaintiff-Appellee, v. Agustin ACOSTA-MAGALLANES, aka Julian Acosta-Padilla, Defendant-Appellant.

No. 15-10415

United States Court of Appeals, Ninth Circuit.

Submitted November 16, 2016 * San Francisco, California

Filed November 21, 2016

*924Josh Alan Cummins Ackerman, Assistant U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.

Davina T. Chen, Law Office of Davina T. Chen, Glendale, CA, for Defendant-Appellant.

Before: GOULD, CLIFTON, and WATFORD, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2).

MEMORANDUM **

Agustín Acosta-Magallanes challenges the 48-month custodial sentence and Si-year term of supervised release imposed by the district court after his guilty-plea conviction for being found in the United States following deportation, in violation of 8 U.S.C. § 1326, as enhanced by § 1326(b)(2). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Acosta-Magallanes contends that the district court abused its discretion in imposing non-individualized, contradictory supervised release conditions as he likely will not be in the country to follow the supervised release requirements. A court “ordinarily should not impose a term of supervised release in a case in which supervised release is not required by statute and the defendant is a deportable alien who likely will be deported after imprisonment.” U.S.S.G. § 5D1.1(c). District courts, however, have discretion to impose supervised release in cases where added deterrence is needed. *See United States v. Valdavinos-Torres,*704 F.3d 679, 693 (9th Cir. 2012); *see also*U.S.S.G. § 5D1.1, cmt. n.5. A district court imposing a term of supervised release for a deportable alien must articulate “a specific and partieular-ized explanation that supervised release would provide an added measure of deterrence and protection based on the facts of [the defendant’s] case.” *Valdavinos-Torres,*704 F.3d at 693. Here, the district court gave an adequate and reasoned basis for sentencing Acosta-Magallanes to supervised release. After considering his past history, the court found that supervised release would deter Acosta-Magal-lanes from returning to the United States. At sentencing, the district court also said that the terms of supervised release would apply only if Acosta-Magallanes returned to the United States. In our view, the district court acted within its proper discretion by imposing a term of supervised release in the circumstances presented.

Acosta-Magallanes also argues that 8 U.S.C. § 1326(b) is unconstitutional, and as a result, his sentence cannot be more than two years. This court .has repeatedly rejected this argument, and we are bound to follow the United States Supreme Court’s precedent in *Almendarez-Torres v. United States,*523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), until it is overruled by the Supreme Court. *See United States v. Leyva-Martinez,*632 F.3d 568, 569 (9th Cir. 2011) (per curiam); *United States v. Grajeda,*581 F.3d 1186, 1197 (9th Cir. 2009). We will not engage in anticipatory overruling of a Supreme Court precedent and consider appellant’s argument on this issue as a way to preserve the issue should the Supreme Court change itslaw.

AFFIRMED.

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**This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.