United States v. Gonzalez-Molina

MEMORANDUM ^**

Jaime Gonzalez-Molina appeals the sentence imposed following his guilty plea to one count of unlawful reentry by a removed alien, in violation of 8 U.S.C. § 1326(a). Gonzalez-Molina contends that in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), the district court improperly imposed a sentence in excess of § 1326(a)’s two-year maximum based on a prior aggravated felony, where the indictment did not charge, and Gonzalez-Molina did not admit, that he was deported after having committed an aggravated felony. This contention is foreclosed by United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir.2000), cert. denied, — U.S. -, 121 S.Ct. 1503, 149 L.Ed.2d 388 (2001), and United States v. Castillo-Rivera, 244 F.3d 1020, 1025 (9th Cir.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.