Herrera-Ramirez

MEMORANDUM 2

Carlos Herrera-Ramirez appeals the 77-month sentence imposed following his guilty plea to one count of being an illegal alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Herrera-Ramirez contends that the district court improperly enhanced his sentence on the basis of a prior conviction for an aggravated felony that was not charged in the indictment and proved beyond a reasonable doubt. Herrera-Ramirez’ argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), which the Supreme Court in Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000) expressly declined to revisit. Apprendi, 120 S.Ct. at 2362 ; see also United States v. Pacheco-Zepeda, 234 F.3d 411, 414 (9th Cir.2000).

AFFIRMED.

. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.