Moran-Romero
United States v. Moran-Romero
Opinion
Lead Opinion
MEMORANDUM **
Juan Moran-Romero appeals his 92-month sentence imposed following his jury conviction for illegal reentry of a previously deported alien, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 and we affirm.
Moran-Romero 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 and proved beyond a reasonable doubt, or admitted on the record. This contention is foreclosed by United States v. Arellano-Rivera, 244 *623 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), cert. denied, — U.S. -, 122 S.Ct. 1450 , — L.Ed.2d - (2002)) and United States v. Pacheco-Zepeda, 234 F.3d 411, 414-15 (9th Cir. 2000) (same, reviewing for plain error), cert. denied, 532 U.S. 966 , 121 S.Ct. 1503 , 149 L.Ed.2d 388 (2001)).
Moran-Romero further contends that, in imposing an obstruction of justice enhancement, the district court improperly applied a…