Campos-Chavez

MEMORANDUM **

Alberto Campos-Chavez appeals his 77-month sentence imposed following his guilty plea conviction for unlawful reentry by a previously deported alien, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Campos-Chavez contends that in light of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), the district court improperly imposed a sentence in excess of the two-year maximum set forth in 8 U.S.C. § 1326 (a) because the government neither stated in the indictment, nor established through the guilty plea, that he had been deported following a prior conviction for an aggravated felony. *545 Compos-Chavez also contends that Apprendi renders inapplicable Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) (holding that 8 U.S.C. § 1326 (b)(2) is a sentencing factor and not a separate offense).

Campos-Chavez’ arguments are foreclosed by United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir.2000), amended (Feb. 8, 2001), cert. denied, — U.S. —, 121 S.Ct. 1503 , 149 L.Ed.2d 388 (2001).

AFFIRMED.

This disposition is not appropriate for publication and may…