Rivera-Alonzo

MEMORANDUM **

Ralph Rivera-Alonzo, aka Rafael Sanchez-Rivera, appeals his guilty plea conviction and sentence for illegal re-entry by a deported alien, in violation of 1326(a) and (b)(2). Relying on Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), Rivera-Alonzo contends that the district court erred when it increased his base offense level by 16 points, because the fact that his prior deportation followed an aggravated felony conviction was neither admitted nor proven beyond a reasonable doubt to a jury. He further contends that Apprendi calls into question the continuing validity of Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998). Rivera-Alonzo’s contentions, however, are foreclosed by our recent decision in United States v. Pacheco-Zepeda, 234 F.3d 411 , 413-14 (9th Cir.2000), as amended, (Feb. 8, 2001). United States v. Castillo Rivera, 244 F.3d 1020 (9th Cir.2001).

Rivera-Alonzo asked the district court to depart downward from the sentencing guidelines because he had become culturally assimilated in the United States prior to his deportation. See United States v. Lipman, 133 F.3d 726, 730-31 (9th Cir.…