United States v. Jose Huerta-Cabrera

356 F. App'x 970

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 14, 2009
• Docket: 09-10166
• Status: Unpublished

Opinion

MEMORANDUM **

Jose Huerta-Cabrera appeals the sentence imposed following his guilty plea to being a deported alien found unlawfully in the United States in violation of 8 U.S.C. § 1326.

Huerta-Cabrera contends that his sentence violated Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because it was based on a prior aggravated felony conviction not charged or admitted. Huerta-Cabrera concedes that his argument is foreclosed, see e.g., United States v. Salazar-Lopez, 506 F.3d 748, 751 n. 3 (9th Cir.2007); United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir.2000); and that he raises it to preserve it for potential future review.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.