Court of Appeals for the Ninth Circuit June 1, 2001, No. 00-30294; D.C. No. CR-00-02009-EFS (United States v. Heredio-Mercado)

MEMORANDUM2

Tomas Heredia-Mercado appeals the 37-month sentence imposed following his guilty plea to being an alien found in the United States after deportation, in violation of 8 U.S.C. § 1326. Heredio-Mercado contends that in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.