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U.S. v. Hernandez-Bautista

United States Court of Appeals, Ninth Circuit
Feb 22, 2001
11 F. App'x 711 (9th Cir. 2001)

Opinion


11 Fed.Appx. 711 (9th Cir. 2001) UNITED STATES of America, Plaintiff-Appellee, v. Raul HERNANDEZ-BAUTISTA, Defendant-Appellant. No. 00-10130. D.C. No. CR 99-110-DWH. United States Court of Appeals, Ninth Circuit. February 22, 2001

Submitted February 12, 2001.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a); 9th Cir. R. 34-4.

NOT FOR PUBLICATION.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

Appeal from the United States District Court for the District of Nevada David Warner Hagen, District Judge, Presiding.

Before LEAVY, THOMAS and RAWLINSON, 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 may be provided by 9th Cir. R. 36-3.

Raul Hernandez-Bautista appeals the judgment of conviction and his 46 month sentence following his guilty plea to a single count of being a deported alien found in the U.S. in violation of 8 U.S.C. § 1326.

Page 712.

Hernandez-Bautista contends that in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), the district court erred by imposing a sentence in excess of the two-year maximum set forth in 8 U.S.C. § 1326(a) on the basis of prior convictions for aggravated felonies that were not charged in the indictment, submitted to a jury, and proved beyond a reasonable doubt. Hernandez-Bautista also contends that Apprendi renders inapplicable Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998) (holding that 8 U.S.C. § 1326(b)(2) is a sentencing factor and not a separate offense). These arguments are foreclosed by this court's recent decision in United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir.2000), amended (Feb. 8, 2001).

AFFIRMED.


Summaries of

U.S. v. Hernandez-Bautista

United States Court of Appeals, Ninth Circuit
Feb 22, 2001
11 F. App'x 711 (9th Cir. 2001)
Case details for

U.S. v. Hernandez-Bautista

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Raul HERNANDEZ-BAUTISTA…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 22, 2001

Citations

11 F. App'x 711 (9th Cir. 2001)