Angulo-Velazquez
United States v. Angulo-Velazquez
Opinion
Lead Opinion
MEMORANDUM **
Felipe Jesus Angulo-Velazquez appeals appeals his jury trial conviction and sentence for illegal reentry to the United States following deportation in violation of 8 U.S.C. § 1326 (a), as enhanced by 8 U.S.C. § 1326 (b)(2). Angulo-Velazquez 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 to the jury beyond a reasonable doubt. Angulo-Velazquez also contends that Apprendi over *658 ruled the holding in Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) that a sentence may be enhanced based on a prior conviction without submitting that issue to a jury; and that Apprendi limits Almendarez-Torres to its facts and precludes its application where a defendant exercises his right to a jury trial. These contentions are foreclosed by our decision in 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). Accordingly, the judgment and sentence are