U.S. v. Paniagua-Ortiz

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Miguel PANIAGUA-ORTIZ…

Court: United States Court of Appeals, Ninth Circuit

Date published: Mar 20, 2003

59 F. App'x 949 (9th Cir. 2003)

Opinion

59 Fed.Appx. 949 (9th Cir. 2003) UNITED STATES of America, Plaintiff--Appellee, v. Miguel PANIAGUA-ORTIZ, Defendant--Appellant. No. 02-50307. D.C. No. CR-02-01032-HBT. United States Court of Appeals, Ninth Circuit. March 20, 2003

Submitted March 10, 2003. ^*

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

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Southern District of California, Howard B. Turrentine, District Judge, Presiding.

Before CANBY, O'SCANNLAIN, and T.G. NELSON, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Miguel Paniagua-Ortiz appeals the 18-month sentence and one year term of supervised release imposed following his guilty plea conviction for one count of illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a).

Paniagua-Ortiz's contention that 18 U.S.C. § 3583 violates Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348,

Page 950.

147 L.Ed.2d 435 (2000) is foreclosed by our recent decision in United States v. Liero, 298 F.3d 1175, 1177-78 (9th Cir.2002), cert. denied, 537 U.S. 1132, 123 S.Ct. 913, 154 L.Ed.2d 820 (2003).

AFFIRMED.