United States Court of Appeals v. Jose Antonio Yanez-Saucedo

OPINION

BRIGHT, Circuit Jugde.

In this appeal, Jose Antonio Yanez-Sau-cedo argues that the district court erred in concluding that his conviction for third-degree rape under Wash. Rev.Code § 9A.44.060 constituted an aggravated felony for sentencing enhancement purposes under U.S.S.G. § 2L1.2 (2000). 1 He also argues that his enhanced sentence violates Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Because his arguments lack merit, we AFFIRM.

I. BACKGROUND

In August 2000, Yanez-Saucedo, a Mexican citizen, pled guilty to illegal reentry into the United States after…