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U.S. v. PACHECO-ZEPEDA

No. 99-50720.

234 F.3d 411 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Gabriel PACHECO-ZEPEDA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 6, 2000.

As Amended February 8, 2001.

Attorney(s) appearing for the Case

Korey House, Deputy Federal Public Defender, Los Angeles, California, for the defendant-appellant.

Jean Rosenbluth and Jason A. Forge, Assistant United States Attorneys, Los Angeles, California, for the plaintiff-appellee.

Before: HARRY PREGERSON, WILLIAM A. FLETCHER, and RONALD M. GOULD, Circuit Judges.

Argued and Submitted September 13, 2000 — Pasadena, California.

RONALD M. GOULD, Circuit Judge:

Gabriel Pacheco-Zepeda ("Pacheco-Zepeda") appeals his 57-month sentence for illegally reentering the United States following deportation in violation of 8 U.S.C. § 1326. Pacheco-Zepeda contends that the district court improperly enhanced his sentence on the basis of prior convictions for aggravated felonies that were not charged in the indictment, submitted...

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