Rodriguez-Gonzalez
United States v. Rodriguez-Gonzalez
Opinion
Lead Opinion
MEMORANDUM **
Roberto Rodriguez-Gonzalez appeals from his guilty plea conviction for unlawful reentry of deported alien after conviction of an aggravated felony in violation of 18 U.S.C. § 1326 (a) and (b). Rodriguez-Gonzalez contends that in light of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), the district court erred by denying him a reduction in his sentencing offense level to the two-year maximum set forth in 8 U.S.C. § 1326 (a) because he never admitted at the change of plea hearing that he had sustained a prior aggravated felony conviction. As Rodriguez-Gonzalez concedes, these arguments are foreclosed by United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir.), cert. denied, 532 U.S. 966 , 121 S.Ct. 1503 , 149 L.Ed.2d 388 (2001). Accordingly, the sentence is affirmed.
We remand for the limited purpose of directing the district court to amend the judgment to reflect a conviction under 8 U.S.C. 1326(a) only. United States v. Herrera-Blanco, 232 F.3d 715 (9th Cir. 2000) (sua sponte remanding to the district court with directions to correct the judgment of conviction to exclude a reference to 8 U.S.C. § 1326 (b)(2)).