Carrizosa-Hernandez

MEMORANDUM 2

Octavio Carrizosa-Hernandez appeals the 60-month sentence imposed after his guilty plea to being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 . Carrivosa-Hernandez contends that a sentence in excess of 8 U.S.C. § 1326 (a)’s two-year statutory maximum based on the fact, not proven to a jury, that his deportation occurred following commission of an aggravated felony violates Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). This argument is foreclosed by United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir.2000), amended (Feb. 8, 2001) (order). See United States v. Castillo-Rivera, 244 F.3d 1020,1024 (9th Cir.2001).

AFFIRMED.

. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.