Court of Appeals for the Ninth Circuit March 21, 2002, No. 01-50124; D.C. No. CR-99-01350-ABC (United States v. Macias-Rua)

*443MEMORANDUM**

Jesus Armando Macias-Rua appeals his 77-month sentence imposed after his guilty plea to being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1826. Macias-Rua acknowledges that his argument, that Apprendi v. New Jersey, 580 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) prevented the application of the maximum penalty under 8 U.S.C.