Torres-Castillo

MEMORANDUM

Jose Torres-Castillo appeals his 77-month sentence imposed following his guilty plea conviction for being an alien 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 we affirm.

Torres-Castillo contends that his 77-month sentence was imposed in violation of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), because the district court enhanced his sentence based on prior convictions for aggravated felonies which were not charged in the indictment or proven beyond a reasonable doubt, nor did Torres-Castillo admit the fact of his prior felony convictions. We review the question of whether Apprendi requires that Torres-Castillo be re-sentenced for plain error. See United States v. Nordby, 225 F.3d 1053, 1060 (9th Cir.2000).

Torres-Castillo’s contention is foreclosed by our ruling in United States v. Pacheco-Zepeda, 234 F.3d 411, 413-14 (9th Cir. 2000) (holding that under AlmendarezTorres, recidivism increasing the maximum penalty need not be charged in the indictment, submitted to a jury or proven beyond a reasonable doubt).

AFFIRMED.

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