Prieto-Molinar
United State v. Prieto-Molinar
Opinion
Lead Opinion
MEMORANDUM **
Jorge Prieto-Molinar appeals his guilty-plea conviction and 46-month sentence for being an alien found in the United States following deportation, in violation of 8 U.S.C. § 1826 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.
Prieto-Molinar contends that because Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), effectively overruled Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), his sentence is illegal because it exceeds the two-year statutory maximum authorized under section 1326(a). Prieto-Molinar further contends that the government failed to prove beyond a reasonable doubt that his previous deportation was subsequent to an aggravated felony conviction as required by section 1326(b)(2). Prieto-Molinar’s contentions are rejected in light of United States v. Pacheco-Zepeda, 234 F.3d 411, 415 (9th Cir.2000), cert. denied, — U.S. —, 121 S.Ct. 1503 , 149 L.Ed.2d 388 (2001), and Almendarez-Torres, 523 U.S. 224, 226-27, 234 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 .