Castillo-Rivera

Jose de Jesus Castillo-Rivera (“Castillo”), a Mexican citizen who pled guilty to illegal reentry after deportation in violation of 8 U.S.C. § .1326, appeals the sentence enhancement for removal subsequent to conviction for an aggravated felony. Castillo contends that his prior state conviction for violating California Penal Code (“CPC”) § 12021(a) as a felon in possession of a firearm does not constitute an aggravated felony under 8 U.S.C. § 1101 (a)(43)(E), because it is not “an offense described in” 18 U.S.C. § 922 (g)(1), the federal felon in possession statute. The state crime, unlike § 922(g), does not include any interstate or foreign commerce element. Castillo also raises for the first time on appeal a challenge to his sentence under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), on the ground that his prior conviction was neither admitted nor proven beyond a reasonable doubt. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

I. Background

Castillo pled guilty to a single-count indictment charging him as an alien unlawfully found in the United States following deportation, in violation of 8 U.S.C. §…