United States v. Alejandro Martinez-Martinez

Alejandro Martinez-Martinez (hereinafter “Defendant”) appeals the fifty-three (53) month sentence imposed following his conviction for reentry of a deported alien pursuant to 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

BACKGROUND

Defendant is a citizen of Mexico. In 1995, he was convicted of first degree rape in Oregon. State of Oregon v. Jaime Alejendro Martinez-Martinez, Case No. 94C21174, Marion County Circuit Court (March 9, 1995). Defendant was subsequently deported to Mexico. He reentered the country without authorization. On January 26, 1999, Defendant was identified by the Immigration and Naturalization Service and later charged with illegal reentry pursuant to 8 U.S.C. § 1326 (b) (illegal reentry following deportation for committing an aggravated felony).

Defendant filed a pretrial motion to dismiss, arguing that § 1326 is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). In addition, Defendant requested that the court disregard the 1995 Oregon conviction because Defendant alleged that he was a minor at the time of the offense and, therefore, the…