United States v. Martinez-Hernandez
This text of 8 F. App'x 619 (United States v. Martinez-Hernandez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
MEMORANDUM
Jose Cruz Martinez-Hernandez pled guilty to being found in the United States after having been officially deported, in violation of 8 U.S.C. § 1326(a). He was given a 16-level sentencing enhancement under U.S.S.G. § 2L1.2(b)(l)(A) for having committed an aggravated felony prior to deportation.
The 16-level enhancement does not violate the Supreme Court’s holding in Ap[620]*620prendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). See United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir.2000), amended (Feb. 8, 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.
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