Pacheco-Zepeda v. United States

concluding that the fact of a prior conviction, whether or not admitted, is an exception to Apprendi | holding that § 1326(b)(2) as amended does not define a separate crime from § 1326(a) | concluding that Apprendi did not overrule the holding in United States v. Almendarez-Torres, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), that 8 U.S.C. § 1326(b)(2 | recognizing that “all prior convictions — not just those admitted on the record — were exempt from Apprendi ’s general rule and, under AlmendarezTorres, may continue to be treated as sentencing factors” | holding that Almendarez-Torres remains good law after Apprendi and provides that prior convictions, whether or not admitted by the defendant on the record, are sentencing factors rather than elements of the crime | holding that Almendarez-Torres remains good law after Apprendi | stating Apprendi did not overrule Almendarez-Torres v. United States, 523 U.S. 224, 226-27, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998) | stating Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) did not overrule Almendarez-Torres v. United States, 523 U.S. 224, 226-27, 118 S.Ct. 1219,140 L.Edüd 350 (1998) | stating Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) did not overrule Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998) | stating Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) did not overrule Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998) | in a related case, explaining that the Hopi Tribe is necessary because it is party to the agreement with the Secretary and the Accommodation Agreement | on plain error review, holding that Apprendi did not overrule the conclusion in Almenda-rez-Torres that 8 U.S.C. § 1326(b)(2) is a sentencing factor and not a separate offense | "[u]nless and until Almendarez-Torres is overruled by the Supreme Court, we must follow it.” | same, reviewing for plain error | same, reviewing for plain error | same, reviewing for plain error | same, reviewing for plain error