Opinion
No. 08-10443.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed August 31, 2009.
Robert A. Bork, Esquire, USLV — Office of the U.S. Attorney, Las Vegas, NV, for Plaintiff-Appellee.
Jason F. Carr, Esquire, Assistant Federal Public Defender, Federal Public Defender's Office, Las Vegas, NV, for Defendant-Appellant.
Appeal from the United States District Court for the District of Nevada, Roger L. Hunt, Chief District Judge, Presiding. D.C. No. 2:07-CR-00277-RLHGWF-1.
Before WALLACE, HAWKINS, and THOMAS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Santiago Hernandez-Garcia appeals from the 36-month sentence imposed following his guilty-plea conviction for being a deported alien found unlawfully in the United States in violation of 8 U.S.C. § 1326.
Hernandez-Garcia contends that his sentence violated Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because it was based on a prior aggravated felony conviction not charged or admitted. Hernandez-Garcia concedes that his argument is foreclosed, see e.g., United States v. Salazar-Lopez, 506 F.3d 748, 751 n. 3 (9th Cir. 2007); United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir. 2000); and that he raises it to preserve it for potential future review.