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U.S. v. MENDOZA-ZARAGOZA

No. 08-30130.

567 F.3d 431 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro MENDOZA-ZARAGOZA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 27, 2009.

Attorney(s) appearing for the Case

Rebecca L. Pennell, Assistant Federal Public Defender, Yakima, WA, for the defendant-appellant.

James A. McDevitt, United States Attorney and Alexander C. Ekstrom (argued), Assistant United States Attorney, Yakima, WA, for the plaintiff-appellee.

Before: B. FLETCHER, PAMELA ANN RYMER and RAYMOND C. FISHER, Circuit Judges.

FISHER, Circuit Judge:

This appeal arises from an arguable ambiguity in our cases applying Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), to indictments and sentences under 8 U.S.C. § 1326. We now eliminate that ambiguity, and clarify that an indictment charging the illegal reentry of a previously removed alien may support an increased maximum sentence under 8 U.S.C. § 1326(b)(2)—...

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