United States v. Altahona-Escobar

MEMORANDUM ^**

Alberto Altahona-Escobar appeals his fifty-one month sentence imposed after his guilty plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and we affirm.

Altahona-Escobar contends that under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), the existence and nature of a prior felony conviction used to enhance his sentence must be charged in the indictment and proved beyond a reasonable doubt. Altahona-Escobar’s argument is foreclosed by our decision in United States v. Pacheco-Zepeda, 234 F.3d 411, 414 (9th Cir.2000), cert. denied, — U.S. —, 121 S.Ct. 1503, 149 L.Ed.2d 388 (2001). As a matter of law, Altahona-Escobar’s prior conviction for aggravated criminal sexual abuse of a minor is an aggravated felony. 8 U.S.C. § 1101 (a)(43)(A); see also United States v. Baron-Medina, 187 F.3d 1144, 1146-47 (9th Cir.1999), cert. denied, — U.S. —, 121 S.Ct. 1130, 148 L.Ed.2d 996 (2001).

AFFIRMED.

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.