Opinion
The panel unanimously finds this case suitable for decision without oral argument. Fed. R.App. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Defendant was convicted in the United States District Court for the Central District of California, Christina A. Snyder, J., of being found in the United States after having been officially deported, and he appealed. The Court of Appeals held that there was no Apprendi violation.
Affirmed.
Appeal from the United States District Court for the Central District of California, Christina A. Snyder, District Judge, Presiding.
Before HUG, DUH§, and TALLMAN, Circuit Judges.
Honorable John M. Duh§, Jr., Senior United States Circuit Judge for the Fifth Circuit, sitting by designation.
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.
Jose Cruz Martinez-Hernandez pled guilty to being found in the United States after having been officially deported, in violation of 8 U.S.C. § 1326(a). He was given a 16-level sentencing enhancement under U.S. S.G. § 2L1.2(b)(1)(A) for having committed an aggravated felony prior to deportation.
The 16-level enhancement does not violate the Supreme Court's holding in Apprendi
Page 620.
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), amended (Feb. 8, 2001).
AFFIRMED.