Navarro-Torrez

United States v. Navarro-Torrez

Good Law
15 F. App'x 463
United States Court of Appeals for the Ninth CircuitJuly 23, 2001No. 01-10044; D.C. No. CR-00-00096-DWHCalifornia244 words

Opinion

Lead Opinion

*464 MEMORANDUM **

Jose Navarro-Torrez appeals his 70-month sentence imposed following a guilty plea to illegal reentry of a previously deported alien, in violation of 8 U.S.C. § 1326 (a) and (b)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part and remand in part.

Navarro-Torrez contends the district court violated Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000) by enhancing his sentence based on a prior felony conviction which was not alleged in the indictment, proven beyond a reasonable doubt, or admitted on the record. This contention is foreclosed by United States v. Arellano-Rivera, 244 F.3d 1119, 1127 (9th Cir.2001) (on de novo review, holding that Apprendi did not overrule Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998)); United States v. Pacheco-Zepeda, 234 F.3d 411, 414-15 (9th Cir.2000), cert. denied, — U.S.-, 121 S.Ct. 1503 , 149 L.Ed.2d 388 (2001) (same, reviewing for plain error). Accordingly, we affirm Navarro-Torrez’s sentence.

We remand for the limited purpose of directing the district court to amend the judgment to exclude reference to 8 U.S.C. § 1326 (b)(2). See…

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