United States v. Mendoza-Rivas
Opinion of the Court
MEMORANDUM
Victor Manuel Mendoza-Rivas appeals his conviction and sentence to 70 months imprisonment for illegally re-entering the United States after being deported in violation of 8 U.S.C. § 1326. We have jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291 and we affirm.
I
Mendoza contends that his guilty plea was involuntary because the district court
II
Mendoza’s contention that his sentence violates the rule set forth in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), is foreclosed by our decisions in United States v. Pacheco-Zepeda, 234 F.3d 411, 414-15 (9th Cm. 2000) (plain error review) and United States v. Arellano-Rivera, 244 F.3d 1119, 1127 (9th Cir. 2001) (de novo review).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- United States v. Victor Manuel MENDOZA-RIVAS, aka Victor Manuel Mendoza
- Status
- Published