United States v. Bernal-Rajon

Court: Court of Appeals for the Ninth Circuit
Date filed: 2002-03-18
Citations: 31 F. App'x 529
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Lead Opinion

MEMORANDUM **

Jorge Noel Bernal-Rajon appeals the sentence imposed following his guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326(a).

Bernal-Rajon 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 improperly imposed a sentence in excess of the two year maximum set forth in 8 U.S.C. § 1326(a). He acknowledges that his contention is foreclosed by this court’s recent holdings, see e.g., United States v. Arellano-Rivera, 244 F.3d 1119, 1126-27 (9th Cir.2001), but urges this court to reconsider those holdings. Because a panel “may not reconsider the correctness of an earlier panel’s decisions,” Ladha v. INS, 215 F.3d 889, 896 (9th Cir.2000), we affirm the district court.

AFFIRMED.

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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 Ninth Circuit Rule 36-3.