U.S. v. ZEPEDA-MARTINEZ

No. 05-50562.

470 F.3d 909 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Felipe ZEPEDA-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 13, 2006.


Attorney(s) appearing for the Case

Kurt D. Hermansen, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Mark R. Rehe, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before: HALL, McKEOWN, and WARDLAW, Circuit Judges.


HALL, Senior Circuit Judge:

In United States v. Covian-Sandoval, 462 F.3d 1090 (9th Cir.2006), we determined that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) prevents a sentencing court from enhancing an alien's sentence based upon a removal subsequent to a prior conviction unless that removal has been admitted by the defendant or proven to a jury beyond...

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