Court of Appeals for the Ninth Circuit May 25, 2001, No. 99-50682; D.C. No. CR-98-01273-AHM (United States v. Reynaga-Fregozo)

MEMORANDUM2

Francisco Reynaga-Fregozo appeals the 77-month sentence imposed following his guilty plea for being an illegal alien found in the United States following deportation. Reynaga-Fregozo contends that in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), his *526sentence must be vacated because it exceeds the two-year maximum set forth in 8 U.S.C.