United States v. Alvarado-Gongora
Opinion of the Court
MEMORANDUM
Santiago Alvarado-Gongora appeals the sentence imposed following his conviction for being a deported alien found in the United States in violation of 8 U.S.C. § 1326.
Relying on Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Avarado-Gongora contends that the district court erred when it increased his base offense level by 16 points, because the fact that his prior deportation followed an aggravated felony conviction was neither admitted nor proven beyond a reasonable doubt to a jury. He further contends that Apprendi calls into question the con
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 9 th Cir. R. 36-3.
Reference
- Full Case Name
- United States v. Santiago ALVARADO-GONGORA, aka Miguel Alvarado, aka Luis Ortiz-Lopez
- Cited By
- 2 cases
- Status
- Published