United States v. Jose Huerta-Cabrera

FILED
NOT FOR PUBLICATION DEC 14 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-10166
Plaintiff - Appellee, D.C. No. 2:08-cr-00052-LDG-
PAL
v.
JOSE MANUEL HUERTA-CABRERA, MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Lloyd D. George, District Judge, Presiding
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT and TASHIMA, Circuit Judges.
Jose Huerta-Cabrera appeals the sentence imposed following his guilty plea
to being a deported alien found unlawfully in the United States in violation of 8
U.S.C. § 1326.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
HL/Inventory
Huerta-Cabrera contends that his sentence violated Apprendi v. New Jersey,
530 U.S. 466 (2000), because it was based on a prior aggravated felony conviction
not charged or admitted. Huerta-Cabrera concedes that his argument is foreclosed,
see e.g., United States v. Salazar-Lopez, 506 F.3d 748, 751 n. 3 (9th Cir.2007);
United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir. 2000); and that he raises
it to preserve it for potential future review.
AFFIRMED.
HL/Inventory