10 F. App'x 484

UNITED STATES of America, Plaintiff-Appellee, v. Salvador VALDEZ-ROMERO, Defendant-Appellant.

No. 00-10475.

D.C. No. CR-00-00059-HDM.

United States Court of Appeals, Ninth Circuit.

Submitted April 9, 2001.1

Decided May 8, 2001.

Before CANBY, KOZINSKI and RYMER, Circuit Judges.

MEMORANDUM2

Salvador Valdez-Romero appeals his conviction, pursuant to a guilty plea, and sentence for being an alien found in the United States in violation of 8 U.S.C. § 1326.3

Relying on Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Valdez-Romero contends that the district court erred when it increased his base offense level by 4 points, because the fact that his prior deportation followed a 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). Valdez-Romero’s contentions, however, are foreclosed by our recent decision in United States v. Pacheco-Zepeda, 234 F.3d 411, 413-14 (9th Cir.2000), as amended (Feb. 8, 2001). United States v. Castillo-Rivera, 244 F.3d 1020 (9th Cir.2001).

AFFIRMED.

United States v. Valdez-Romero
10 F. App'x 484

Case Details

Name
United States v. Valdez-Romero
Decision Date
May 8, 2001
Citations

10 F. App'x 484

Jurisdiction
United States

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