United States v. Coria-Jimenez

8 F. App'x 717

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 19, 2001
• Docket: No. 99-30257; D.C. No. CR-99-00293-JCC
• Status: Published

Opinion

MEMORANDUM²

Maurillio Coria-Jimenez appeals the 40-month sentence imposed following his guilty plea to illegal reentry in violation of 8 U.S.C. § 1326(a). Citing Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Coria-Jimenez contends that the district court committed plain error by imposing, based on prior aggravated felony convictions not alleged in the information, a sentence in excess of § 1326(a)’s two-year statutory maximum. This argument is foreclosed by United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir.2000), amended (Feb. 8, 2001) (order).

AFFIRMED.

2 . 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 9 th Cir. R. 36-3.