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U.S. v. Argueta-Malagon

United States Court of Appeals, Ninth Circuit
Aug 20, 2003
73 F. App'x 294 (9th Cir. 2003)

Opinion


73 Fed.Appx. 294 (9th Cir. 2003) UNITED STATES of America, Plaintiff--Appellee, v. Antonio ARGUETA-MALAGON, Defendant--Appellant. No. 02-10515. D.C. No. CR-02-00238-PMP. United States Court of Appeals, Ninth Circuit. August 20, 2003

Submitted August 11, 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NOT FOR PUBLICATION.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 District of Nevada, Philip M. Pro, District Judge, Presiding.

Before SCHROEDER, Chief Judge, and HAWKINS and TASHIMA, 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.

Antonio Argueta-Malagon appeals from his guilty plea conviction for unlawful reentry after deportation in violation of 8 U.S.C. § 1326(a). Argueta-Malagon concedes that Ninth Circuit precedent forecloses his argument that imposition of a sentence longer than 8 U.S.C. § 1326(a)'s two-year statutory maximum based on a prior conviction neither alleged in the indictment nor admitted during the plea canvass violates due process under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). See United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir.2000) (rejecting this argument). Argueta-Malagon states that he presents the issue merely to preserve it should ensuing Supreme Court precedent alter the legal landscape. The judgment is therefore.

AFFIRMED.


Summaries of

U.S. v. Argueta-Malagon

United States Court of Appeals, Ninth Circuit
Aug 20, 2003
73 F. App'x 294 (9th Cir. 2003)
Case details for

U.S. v. Argueta-Malagon

Case Details

Full title:UNITED STATES of America, Plaintiff--Appellee, v. Antonio ARGUETA-MALAGON…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 20, 2003

Citations

73 F. App'x 294 (9th Cir. 2003)