Legal Opinion

United States v. Alvarado

Court of Appeals for the Ninth Circuit

Decided February 23, 2001No. 00-50226; D.C. No. CR-99-00146-DOCPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM2

Salvador Alvarado appeals his 46-month sentence imposed following his guilty plea conviction for illegally reentering the United States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742. We affirm.

Alvarado contends that the district court improperly enhanced his sentence on the basis of prior aggravated felony convictions that were not charged in the indictment, submitted to a jury, or proved beyond a reasonable doubt, citing Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).…

2Cases cited3 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. United States v. Pacheco-ZepedaCourt of Appeals for the Ninth Circuit · 2000

3Cited by2 opinions

  1. Pacheco-Zepeda v. United StatesSupreme Court of the United States · 2001
  2. Pacheco-Zepeda v. United StatesSupreme Court of the United States · 2001

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