United States v. Munoz-Hernandez

Court: Court of Appeals for the Ninth Circuit
Date filed: 2001-03-28
Citations: 6 F. App'x 639
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Lead Opinion

MEMORANDUM2

Wildomaro Munoz-Hernandez appeals his sentence imposed after his conviction by guilty plea for being an illegal alien found in the United States following deportation in violation of 8 U.S.C. § 1326. Relying on Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Munoz-Hernandez contends that the district court erred when it increased his base offense level by sixteen points pursuant to U.S.S.G. § 2L1.2(b)(l)(B) because the fact that his deportation followed an aggravated felony conviction was neither admitted nor proven beyond a reasonable doubt to a jury. He further contends that Apprendi calls into question the continuing validity of Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Munoz-Hernandez’s contentions are foreclosed by our recent decision in United States v. Pacheco-Zepeda, 234 F.3d 411, 413-14 (9th Cir.2000), amended (Feb. 8, 2001). Accordingly, we affirm the district court’s judgment.

AFFIRMED.

2.

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.