Juarez-Tafoya

United States v. Juarez-Tafoya

Good Law
7 F. App'x 599
United States Court of Appeals for the Ninth CircuitMarch 22, 2001No. 99-50675; D.C. No. CR-99-00665-RSWLCalifornia299 words

Opinion

Lead Opinion

MEMORANDUM

Ramiro Juarez-Tafoya appeals his conviction and 53-month sentence imposed *600 following his guilty plea to illegal reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Juarez-Tafoya’s sole contention 3 is that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000) limits his sentence to the two year maximum of 8 U.S.C. § 1326 (a), because his prior aggravated felony convictions were neither charged and proven beyond a reasonable doubt, nor expressly admitted.

As defendant acknowledges, we have previously rejected this contention in United States v. Pacheco-Zepeda, 234 F.3d 411 , 413-15 (9th Cir.2000), amended (Feb. 8, 2001). That decision controls here.

AFFIRMED.

. 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.

. Initially, counsel for Juarez-Tafoya filed a brief pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), stating that there were no arguable issues for review and moving to withdraw as counsel of record.…

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