Villasenor-Martinez

United States v. Villasenor-Martinez

Good Law
25 F. App'x 557
United States Court of Appeals for the Ninth CircuitDecember 21, 2001No. 00-50378. D.C. No. CR-99-02582-NAJCalifornia2,073 words

Opinion

Lead Opinion

Duhé, J.

MEMORANDUM **

Alfonso Villasenor-Martinez (“Villasenor”) appeals his conviction under 8 U.S.C. § 1326 for being a deported alien found in the United States improperly, arguing that his underlying deportation was invalid. Because no statute was improperly retroactively applied to Villasenor, he was not denied due process, and his sentence did not violate Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), we conclude that Villasenor’s deportation was valid and therefore AFFIRM his conviction and sentence.

FACTUAL AND PROCEDURAL BACKGROUND

Villasenor, a citizen of Mexico, was accorded lawful permanent resident status in 1990. In June 1996, he pled guilty to robbery. Villasenor was not deportable at the time of his plea. He was sentenced to 180 days custody and five years probation.

In April 1996, Congress enacted the Antiterrorism and Effective Death Penalty Act (“AEDPA”), Pub.L. No. 104-132, 110 Stat. 1214 (codified in relevant part at 8 U.S.C. § 1182 (1996)). Section 440(d) of AEDPA rendered aliens convicted of aggravated felonies, regardless of the length of their sentence, ineligible for discretionary relief from deportation under § 212(c) of the…

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