Deniz-Lopez
United States v. Deniz-Lopez
Opinion
Lead Opinion
MEMORANDUM
Guadalupe Deniz-Lopez 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 (a) and 1326(b).
Denizr-Lopez contends that the district court erred by sentencing him, pursuant to 8 U.S.C. § 1326 (b), 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), requires that the fact of his prior conviction for an aggravated felony be proved beyond a reasonable doubt. Deniz-Lopez’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).
The judgment of conviction is AFFIRMED. We REMAND to the district court with directions to correct the judgment of conviction to exclude the reference to 8 U.S.C. § 1326 (b). United States v. Herrera-Bianco, 232 F.3d 715, 719 (9th Cir.2000) (sua sponte remanding to the district court with directions to correct judgment).
AFFIRMED in part, REMANDED in part.
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