Peralta-Moran

MEMORANDUM

Ezequiel Peralta-Moran appeals the 77-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 aggravated felony convictions were neither charged in the indictment nor admitted at his plea. Medina-Arias’ contention, however, is foreclosed by our decision in United States v. Pacheco-Zepeda, No. 99-50720 (9th Cir.) (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), cert. denied, — U.S. -, 121 S.Ct. 1503 , 149 L.Ed.2d 388 (2001) (No. 00-8814). The district court therefore properly considered Medina-Arias’ prior aggravated felony convictions in sentencing him. See Pacheco-Zepeda, 2000 WL 33156290 , at…