United States v. Magallon-Guerrero
United States v. Magallon-Guerrero
Opinion of the Court
MEMORANDUM
Alicia Magallon-Guerrero appeals the 77-month sentence imposed by the district
Magallon-Guerrero contends that the district court erred by enhancing her sentence above the applicable statutory maximum penalty, in violation of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), on the basis that her prior conviction of an aggravated felony was neither charged in the indictment nor admitted by her when she pled guilty.
Because Magallon-Guerrero’s contention is foreclosed by our decision in United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir. 2000) (concluding that Apprendi preserves the rule in Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), that all prior convictions, not just those admitted on the record, are sentencing factors and not elements of the offense), amended (Feb. 8, 2001), cert. denied, — U.S. —, 121 S.Ct. 1503, 149 L.Ed.2d 388 (2001), the district court properly considered Magallon-Guerrero’s prior aggravated felony conviction in sentencing her. Pacheco, 2000 WL 33156290, at *5.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.