Lucena

*573 MEMORANDUM **

Albert Borja Lucena appeals his conviction and 288-month sentence imposed following a jury trial conviction for being an ex-felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Lucena 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 erred by enhancing his sentence under the Armed Career Criminal Act and 18 U.S.C. § 924 (e) for having three prior convictions for violent felonies, when the fact of those prior convictions were neither charged in the indictment, nor proven beyond a reasonable doubt at trial. Because Lucena failed to object to the use of the priors to enhance his sentence, we review for plain error. See United States v. Pacheco-Zepeda, 234 F.3d 411, 413 (9th Cir.), amended Feb. 8, 2001, cert. denied, — U.S. —, 121 S.Ct. 1503 , 149 L.Ed.2d 388 (2001).

Lucena’s claim is without merit. Apprendi created an exception for prior convictions holding that “other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory…