United States v. Jose Huerta-Cabrera

FILED NOT FOR PUBLICATION DEC 14 2009 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 09-10166 Plaintiff - Appellee, D.C. No. 2:08-cr-00052-LDG- PAL v. JOSE MANUEL HUERTA-CABRERA, MEMORANDUM * Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Lloyd D. George, District Judge, Presiding Submitted November 17, 2009 ** Before: ALARCÓN, TROTT and TASHIMA, Circuit Judges. Jose Huerta-Cabrera appeals the sentence imposed following his guilty plea to being a deported alien found unlawfully in the United States in violation of 8 U.S.C. § 1326. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). HL/Inventory Huerta-Cabrera contends that his sentence violated Apprendi v. New Jersey, 530 U.S. 466 (2000), because it was based on a prior aggravated felony conviction not charged or admitted. Huerta-Cabrera 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. AFFIRMED. HL/Inventory