Magana-Urbanes

MEMORANDUM

Zeferino Magana-Urbanes appeals his 57-month sentence imposed following conviction by guilty plea to a single count of being found in the United States following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S .C. § 3742(a). We review de novo, United States v. Pacheco-Zepeda, 234 F.3d 411, 412-13 (9th Cir.2000), and affirm.

Magana-Urbanes contends that the district court erred by sentencing him pursuant to 8 U.S.C. § 1326 (b)(2). Specifically, he argues that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), requires that the fact of his prior conviction for an aggravated felony be proved beyond a reasonable doubt. We disagree.

The plain language of Apprendi excludes from its holding prior convictions, thereby preserving the specific holding of Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), that subsection (b)(2) constitutes a sentence enhancement and not a separate offense. Pacheco-Zepeda , at 414. The district court, therefore, properly sentenced *829 Magana-Urbanes pursuant to subsection (b)(2). Id. at 414 .

AFFIRMED.

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