United States v. Garcia

8 F. App'x 706

Opinion

MEMORANDUM²

Jorge Garcia appeals the 33-month and 25-day sentence imposed following his guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326(a). Garcia contends that using a prior conviction not specifically alleged in the indictment to impose a sentence in excess of 8 U.S.C. § 1326(a)’s two-year statutory maximum is unlawful under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). 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 9th Cir. R. 36-3.