United States v. Martinez-Hernandez

U.S. Court of Appeals for the Ninth Circuit April 16, 2001

United States v. Martinez-Hernandez, 8 F. App'x 619 (9th Cir. 2001)

Opinion of the Court

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*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.

Reference

Full Case Name: United States v. Jose Cruz MARTINEZ-HERNANDEZ, aka Jesus Cruz Martinez Hernandez aka Pablo Martinez Hernandez aka Pablo Hernandez Martinez
Cited By: 1 case
Status: Published