Arevalo-Contreras

United States v. Arevalo-Contreras

Good Law
9 F. App'x 603
United States Court of Appeals for the Ninth CircuitMay 4, 2001No. 00-30028; D.C. No. CR-99-05239-RJBCalifornia312 words

Opinion

Lead Opinion

MEMORANDUM **

Alejandro Arevalo-Contreras pleaded guilty to one count of illegally reentering the United States in violation of 8 U.S.C. § 1326 (a). His counsel filed this appeal pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967). Our task is to determine whether there are any grounds for reversal or modification of the district court’s judgment. See Anders, 386 U.S. at 744 , 87 S.Ct. 1396 . We conclude there are none, and accordingly, we affirm.

The record shows that Arevalo-Contreras’s decision to waive his right to a jury trial was made voluntarily, knowingly, and intelligently. See United States v. Duarte-Higareda, 113 F.3d 1000, 1003 (9th Cir.1997). There was a sufficient factual basis to permit the district court to conclude that Arevalo-Contreras committed the crimes charged. See United States v. Aquino, 242 F.3d 859, 866 (9th Cir. 2001). The sentence did not violate Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). See United States v. Pacheco-Zepeda, 234 F.3d 411 , 414-15 (9th Cir.2000), amended (Feb. 8, 2001) (order), cert. denied, — U.S. -, 121 S.Ct. 1503 , — L.Ed.2d - (2001). Finally, the district…

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