Medina-Arias

MEMORANDUM

Jose De Jesus Medina-Arias appeals his 46 month sentence following a guilty plea conviction for 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 we affirm.

Medina-Arias contends that the district court erred by enhancing his sentence above the applicable statutory maximum penalty, in violation of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), on the basis that his prior convictions amounting to an aggravated felony were neither charged in the indictment nor admitted at his plea. Because Medina-Arias’ contention is foreclosed by our decision in United States v. Pacheco-Zepeda, No. 99-50720 (9th Cir. Feb. 8, 2001) (concluding that Apprendi preserves the rule in Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), that prior convictions are sentencing factors and not elements of the offense), the district court properly considered Medina-Arias’ prior aggravated felony conviction in sentencing him. See Pacheco, 2000 WL 33156290 , at *5 (stating that ‘Apprendi held that all prior eonvictions-not those…