Gonzalez-Albanez

MEMORANDUM **

Carlos Alfredo Gonzalez-Albanez appeals his 41-month sentence imposed fol *673 lowing a guilty plea to illegal reentry of 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.

Appellant contends that because he pleaded guilty immediately after the denial of his motion to dismiss the indictment and before his trial was scheduled to begin, the district court erred by denying an extra one-level downward adjustment for acceptance of responsibility under U.S.S.G. § 3El.l(b)(2). We review this determination for clear error. United States v. Hopper, 27 F.3d 378, 381-82 (9th Cir.1994). The district court properly denied the adjustment because Gonzalez-Albanez did not plead guilty until the morning of trial, and the government had already spent considerable time and effort preparing for trial. See id. at 385 (noting that focus is on timeliness of guilty plea, given § 3El.l(b)’s primary purpose of “promoting prosecutorial and judicial economy and efficiency”).

Gonzalez-Albanez next contends, for the first time on appeal, that his sentence is unconstitutional under Apprendi v. New Jersey, 530 U.S.…