Zamudio-Orozco

MEMORANDUM ***

Miguel Zamudio-Orozco appeals his 51-month sentence imposed after having been convicted in a jury trial on a single count of being an alien in the United States after 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.

Because Zamudio-Orozco did not challenge the prior aggravated felony convictions used to enhance his sentence nor object to the indictment, we review his claims for plain error. United States v. Pacheco-Zepeda, 234 F.3d 411, 413 (9th Cir.2001).

At sentencing, the district court increased Zamudio-Orozco’s offense level pursuant to U.S.S.G. § 2L1.2(b)(l)(A), which authorizes a 16-level increase where “the defendant previously was deported after a criminal conviction [and] the conviction was for an aggravated felony.” Information in Zamudio-Orozco’s presentence report (“PSR”) stated that he had two prior aggravated felony convictions, one in 1988 and one in 1993, both for delivery of a controlled substance. Relying on Apprendi v. New Jersey, 530 U.S. 466 , 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), Zamudio-Orozco maintains that the district court erred by…