United States v. Paniagua-Ortiz

59 F. App'x 949

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 20, 2003
• Docket: No. 02-50307
• Status: Published

Opinion

MEMORANDUM

**

Miguel Paniagua-Ortiz appeals the 18-month sentence and one year term of supervised release imposed following his guilty plea conviction for one count of illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a).

Paniagua-Ortiz’s contention that 18 U. S.C. § 3583 violates Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 (2000) is foreclosed by our recent decision in United States v. Liero, 298 F.3d 1175, 1177-78 (9th Cir.2002), cert. denied, — U.S. —, 123 S.Ct. 913, 154 L.Ed.2d 820 (2003).

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.