Obregon-Segura

MEMORANDUM

Enrique Obregon-Segura appeals his 77-month sentence imposed for being an *675 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.

Obregon-Segura contends that in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348 , 147 L.Ed.2d 435 , (2000), section 1326(b)(2) is unconstitutional because it allows a court to increase the maximum penalty at sentencing, based on whether a defendant was deported subsequent to a conviction for an aggravated felony, without submitting this fact to a jury for proof beyond a reasonable doubt. This contention is without merit. Obregon-Segura’s contention is foreclosed by the Supreme Court’s decision in Almendarez-Torres v. United States, 523 U.S. 224, 239 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) (upholding enhancement where the defendant admitted to underlying felony convictions and subsequent deportation) and this court’s decision in United States v. Pacheco-Zepeda, 234 F.3d 411, 413-15 (9th Cir. 2000), amended (Feb. 8, 2001)(upholding the enhancement at sentencing where the record demonstrated that defendant had been…