United States v. Galvan-Lozano

MEMORANDUM^**

Jesus Galvan-Lozano appeals the 33-month sentence imposed following his guilty plea to unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326. Galvan-Lozano contends that under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), the district court denied Galvan-Lozano due process by imposing a sentence longer than 8 U.S.C. § 1326(a)’s two-year statutory maximum based on a prior conviction that was neither charged in the indictment nor admitted as part of the guilty plea. This contention, as Galvan-Lozano concedes,¹ is foreclosed. United States v. Pacheco-Zepeda, 234 F.3d 411, 413-15 (9th Cir.2000).

AFFIRMED.

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

1 . Galvan-Lozano states that he presents this assignment of error to preserve the issue should subsequent Supreme Court alter the legal landscape.