Paz-Paz
United States v. Paz-Paz
Opinion
Lead Opinion
MEMORANDUM **
David Paz-Paz appeals his 41-one month sentence imposed following his guilty plea conviction for illegal reentry of a deported alien, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm in part and remand in part.
Paz-Paz contends that under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), the existence and nature of a prior felony conviction used to enhance his sentence must be charged in the indictment and proved beyond a reasonable doubt. Paz-Paz also *661 contends that Apprendi limited Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) to its unique facts.
Paz-Paz’s contentions, however, are foreclosed by our decisions in United States v. Pacheco-Zepeda, 234 F.3d 411, 414 (9th Cir.) (applying plain error review), cert. denied, — U.S. -, 121 S.Ct. 1503 , 149 L.Ed.2d 388 (2001) and United States v. Arellano-Rivera, 244 F.3d 1119, 1127 (9th Cir.2001) (applying de novo review). The sentence therefore is affirmed.
We, nevertheless, sua sponte remand to the district court with instructions to correct the judgment of conviction…