Ramirez-Martinez

MEMORANDUM ***

Ricardo Ramirez-Martinez pled guilty to being found in the United States after having been officially deported, in violation of 8 U.S.C. § 1326 (a). He was given a 16-level sentencing enhancement under U.S.S.G. § 2L1.2(b)(l)(A) for having committed an aggravated felony prior to deportation.

The 16-level enhancement does not violate the Supreme Court’s holding in Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). See United States v. Pacheco-Zepeda, No. 99-50720, 2000 WL 33156290 , at *3 (9th Cir. Feb.8, 2001).

Ramirez also challenges the district court’s decision to deny him a one-level reduction for acceptance of responsibility, pursuant to U.S.S.G. § 3El.l(b) in addition to the two-level reduction he received pursuant to U.S.S.G. § 3El.l(a). To satisfy the requirements of § 3El.l(b)(l), a defendant must show, inter alia, that he timely confessed to all of the elements of the substantive offense. See United States v. Corona-Garda, 210 F.3d 973, 980 (9th Cir .2000).

Although Ramirez admitted that he was placed on a bus back to Mexico, he did not admit that he had been deported. Moreover, he never informed the INS agent that he had…