Altahona-Escobar

MEMORANDUM **

Alberto Altahona-Escobar appeals his fifty-one month sentence imposed after his guilty plea conviction for being an illegal 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 18 U.S.C. § 3742 , and we affirm.

*611 Altahona-Escobar contends that under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), the existence and nature of a prior felony conviction used to enhance his sentence must be charged in the indictment and proved beyond a reasonable doubt. Altahona-Escobar’s argument is foreclosed by our decision in United States v. Pacheco-Zepeda, 234 F.3d 411, 414 (9th Cir.2000), cert. denied, — U.S. —, 121 S.Ct. 1503 , 149 L.Ed.2d 388 (2001). As a matter of law, Altahona-Escobar’s prior conviction for aggravated criminal sexual abuse of a minor is an aggravated felony. 8 U.S.C. § 1101 (a)(43)(A); see also United States v. Baron-Medina, 187 F.3d 1144, 1146-47 (9th Cir.1999), cert. denied, — U.S. —, 121 S.Ct. 1130 , 148 L.Ed.2d 996 (2001).

AFFIRMED.

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