Carrera-Reyes

MEMORANDUM

Rolando Carrera-Reyes appeals his 48-month sentence following his guilty plea to one count of being an alien found in the United States after having been deported, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Relying on Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), Carrera-Reyes contends that the district court erred when it increased his base offense level by 16 points pursuant to U.S.S.G. § 2Ll.l(b)(l)(A) (1998) because the prior conviction was not charged in the indictment and proved beyond a reasonable doubt. He further contends that Apprendi overruled Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998). CarreraReyes’ contentions lack merit in light of *846 our recent decision in United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir. 2000).

We review de novo the legality of a sentence and the purely legal question of whether Apprendi requires that CarreraReyes be resentenced. Id. at 412-13.

Because Almendarez-Torres remains precedential law, the district court did not err by considering the prior aggravated felony convictions in…