United States v. Gonzales

MEMORANDUM **

A jury convicted Defendant Martin Luna Gonzales of attempted illegal reentry into the United States without proper authorization after previously being deported, in violation of 8 U.S.C. §§ 1326 (a) & 1326(b)(2), and falsely representing United States citizenship in violation of 18 U.S.C. *332 § 911 . We have jurisdiction over this appeal under 28 U.S.C. § 1291 . We affirm.

First, Gonzales argues that because his prior convictions subject him to a sentence beyond the statutory maximum under § 1326(a), the convictions must be alleged in the indictment and submitted to the jury under Apprendi v. New Jersey, 530 U.S. 466, 490 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). Gonzales’ argument is foreclosed by United States v. Arellano-Rivera, 244 F.3d 1119, 1127 (9th Cir.2001) (finding district court properly enhances a defendant’s sentence on the basis of prior aggravated felonies “even though [the defendant] did not admit to having committed them, and even though the government neither alleged them in the indictment nor proved them at trial beyond a reasonable doubt.”) (citations omitted).

Second, Gonzales argues that because the indictment alleged he “entered, attempted…