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United States v. Marquez-Rodriguez
Citation: 73 F. App'x 294Docket: No. 02-10518; D.C. No. CR-02-00075-HDM
Court: Court of Appeals for the Ninth Circuit; August 20, 2003; Federal Appellate Court
Ramon Marquez-Rodriguez appeals his 62-month sentence for unlawful reentry by a deported, removed, or excluded alien under 8 U.S.C. § 1326. He argues that his sentence exceeds the two-year statutory maximum and violates due process as per Apprendi v. New Jersey, claiming that his plea only acknowledged denial of admission and not removal, which he asserts is necessary for enhanced sentencing under the 1996 version of § 1326(b)(2). The court rejects his argument, stating that the distinction between deportation and removal is legally insignificant, referencing United States v. Lopez-Gonzalez and United States v. Pacheco-Zepeda, which upheld the applicability of Apprendi while preserving prior case law. The district court's judgment is affirmed, and the case is designated as not suitable for publication, limiting its citation within the circuit.