Valdez-Gutierrez

MEMORANDUM *

*917 Ramon Valdez-Gutierrez (“Valdez”) argues that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), renders unconstitutional the additional term of incarceration imposed upon him under 18 U.S.C. § 3583 (e)(3) because the statute does not permit the question of whether he violated the term of his supervised release to be submitted to a jury and proved beyond a reasonable doubt.

Valdez was originally sentenced to 12 months incarceration and 3 years of supervised release for a violation of 8 U.S.C. § 1324 (a)(2)(B)(iii). For violating the terms of his supervised release, Valdez was sentenced to an additional eight months of incarceration under 18 U.S.C. § 3583 (e) and an additional two years of supervised release under 18 U.S.C. § 3583 (h). Valdez’s total sentence of 20 months imprisonment and five years of supervised release did not exceed the statutory máximums applicable to his crime: 10 years imprisonment and five years of supervised release as set forth in 8 U.S.C. § 1324 (a)(2)(B)(iii) and 18 U.S.C. § 3583 (b), respectively. Apprendi has no application here. Apprendi established a rule proscribing determination of facts by a trial…