Echavarria-Luna
United States v. Echavarria-Luna
Opinion
Lead Opinion
MEMORANDUM **
Alfred Echavarria-Luna appeals the 70-month sentence imposed following his guilty plea conviction for one count of illegally reentering the United States following deportation, in violation of 8 U.S.C. § 1326 .
We lack jurisdiction to review the district court’s discretionary denial of a downward departure for lost opportunity to serve concurrent sentences and therefore dismiss that portion of Echavarria-Luna’s appeal. See United States v. Romero, 293 F.3d 1120,1126 (9th Cir.2002).
We have jurisdiction under 18 U.S.C. § 3742 to consider the remainder of his appeal. We affirm in part, and remand in part.
*386 Echavarria-Luna’s contention that Ap-prendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), prohibited the district court from sentencing him to more than two years based upon convictions not listed in the indictment or proved before a jury is foreclosed by United States v. Pacheco-Zapeda, 234 F.3d 411 , 413-14 (9th Cir.2001).
The parties agree that the written judgment was inconsistent with the oral imposition of a two-year period of supervised release. See United States v. Hicks, 997 F.2d 594, 597 (9th Cir.1993). Accordingly, we…