United States v. German Godinez-Rabadan

German Godinez-Rabadan (“Godinez”) appeals his guilty plea conviction and sentence for unlawful reentry by a deported alien previously convicted of an aggravated felony in violation of 8 U.S.C. § 1326 (a). Godinez contends that the district court lacked jurisdiction because the indictment failed to delineate a specific date on which he was found in the United States, and he argues that the Supreme Court’s opinion in Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), overruled Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I. Background

Godinez caught the attention of the Immigration and Naturalization Service (“INS”) after his arrest by local police in Las Vegas on December 19, 1999, which resulted in a conviction for Petit Larceny and Battery and two consecutive 5-month jail sentences. The INS placed a detainer on Godinez on December 21, 1999, and he was released to INS custody on August 25, 2000.

On September 20, 2000, Godinez was indicted on one count of unlawful reentry of a deported alien after conviction for an aggravated felony,…