Court of Appeals for the Ninth Circuit June 1, 2001, No. 00-50201; D.C. No. CR-99-1014-RAP (United States v. Pacheco-Ramos)

MEMORANDUM2

Heriberto Pacheco-Ramos appeals from his guilty plea conviction and sentence for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. 1326.

Relying on Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.