Opinion
The 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NOT FOR PUBLICATION.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)
Defendant was convicted, in the United States District Court for the Central District of California, Gary L. Taylor, J., of illegal reentry, and he appealed sentence. The Court of Appeals held that defendant's sentence could properly be enhanced on ground deportation had followed conviction for aggravated felony without that fact having been charged in indictment, admitted by defendant, presented to jury, or proved beyond reasonable doubt.
Affirmed.
Appeal from the United States District Court for the Central District of California, Gary L. Taylor, District Judge, Presiding.
Before O'SCANNLAIN, SILVERMAN, and GOULD, Circuit Judges.
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.
Artemio Salgado-Castillo appeals the 57-month sentence imposed following his guilty plea to being an alien found in the United States following deportation. Salgado-Castillo 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 in imposing a sentence in excess of the two-year maximum set forth in 8 U.S.C. § 1326(a) based upon a prior felony to which he did not admit, and which was not submitted to a jury and proven beyond a reasonable doubt. He also contends that Apprendi renders inapplicable Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219,
Page 579.
140 L.Ed.2d 350 (1998) (holding that 8 U.S.C. § 1326(b)(2) is a sentencing factor and not a separate offense), because he did not admit to an aggravated felony. His arguments are foreclosed by this court's recent decision in United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir.2000), as amended (Feb. 8, 2001). United States v. Castillo Rivera, 244 F.3d 1020, 1024-45 (9th Cir.2001).
AFFIRMED.