Pacheco-Zepeda

United States v. Pacheco-Zepeda

Bad Law
234 F.3d 411·2000 WL 1781662
United States Court of Appeals for the Ninth CircuitDecember 6, 2000No. 99-50720California1,578 words

Opinion

Lead Opinion

Gould, J.

Gabriel Pacheco-Zepeda (“Pacheco-Zepeda”) appeals his 57-month sentence for illegally reentering the United States following deportation in violation of 8 U.S.C. § 1326 . Pacheco-Zepeda contends that the district court improperly enhanced his sentence on the basis of prior convictions for aggravated felonies that were not charged in the indictment, submitted to a jury, and proved beyond a reasonable doubt. 1 We reject this argument because it is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998).

FACTS AND PROCEDURAL HISTORY

On June 22, 1999, the Immigration and Naturalization Service (“INS”) learned that Pacheco-Zepeda had been arrested by the Los Angeles Sheriffs Department. Shortly thereafter, while processing Pacheco-Zepeda for deportation, the INS discovered that he had been deported from the United States on five prior occasions and had not been given permission to reenter.

On July 16, 1999, the government filed an indictment charging Pacheco-Zepeda with violating 8 U.S.C. § 1326 . The indictment did not allege that Pacheco-Zepeda had previously been convicted of any felo *413 nies, aggravated or otherwise. On…

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