Salgado-Pita
United States v. Salgado-Pita
Lead Opinion
MEMORANDUM 2
Bruno Salgado-Pita appeals the sentence imposed following his guilty plea to being an alien found in the United States after deportation in violation of 8 U.S.C. § 1326 .
Salgado-Pita contends that the district court erred by sentencing him pursuant to 8 U.S.C. § 1326 (b)(2) when it enhanced his sentence by 16 levels for his prior aggravated felony. Specifically, he argues that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), re *708 quires that the fact of his prior conviction for an aggravated felony be proved beyond a reasonable doubt. Salgado-Pita’s contention is foreclosed by our recent decision in United States v. Pacheco-Zepeda, 234 F.3d 411 , 413-14 (9th Cir.2000), amended (Feb. 8, 2001). United States v. Castillo-Rivera, 244 F.3d 1020 (9th Cir.2001).
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 9lh Cir. R. 36-3.