Hernandez-Mata

MEMORANDUM **

Defendant-appellant Rigoberto Hernandez-Mata pled guilty to one count of reentry after deportation in violation of 8 U.S.C. § 1326 (a) & (b), and was sentenced to fifty-one months’ imprisonment. Hernandez-Mata appeals his sentence, arguing that the district court should have given him an additional two-point reduction for “savings to the government,” because the government offers this reduction, as part of its standard plea agreement, to other defendants similarly situated to Hernandez-Mata. Hernandez-Mata also argues that because his indictment did not allege his previous conviction, the maximum sentence he should have received is two years’ imprisonment.

We can easily dispose of HernandezMata’s second argument, because it is foreclosed by the Supreme Court’s decision in Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), and this court’s decisions in United States v. Echavarria-Escobar, 270 F.3d 1265, 1271-72 (9th Cir.2001), cert. denied, — U.S. —, 122 S.Ct. 1943 , 152 L.Ed.2d 847 (2002), and United States v. Pacheco-Zepeda, 234 F.3d 411, 414-15 (9th Cir.2000), cert. denied, 532 U.S. 966 , 121 S.Ct. 1503 , 149 L.Ed.2d 388…