Escalante-Betancourt

MEMORANDUM ***

Leonsio Escalante-Betaneourt (hereinafter “Defendant”) appeals the forty-six (46) month sentence imposed following his guilty plea for reentry of a deported alien pursuant to 8 U.S.C. § 1326 . The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We affirm.

*23 BACKGROUND

In November 1998, Defendant was deported to Mexico from the United States following an aggravated felony conviction for trafficking narcotics. 1 In February 2001, Defendant was found in the United States without the permission of the Attorney General. Indicted and charged with Unlawful Reentry of a Deported Alien, in violation of 8 U.S.C. §§ 1326 (a) and (b)(2), Defendant pled guilty. At the plea proceedings, the court listed the elements of illegal entry and explained to Defendant that each would have to be proven beyond a reasonable doubt if the matter went to trial. Defendant admitted that he illegally reentered the U.S. after being deported.

Prior to sentencing, Defendant filed objections related to Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), and the criminal…