Lozolla-Rodriguez

MEMORANDUM **

Domingo Lozolla-Rodriguez appeals the sentence imposed following his guilty plea to being an alien found in the United States after deportation in violation of 8 U.S.C. § 1326 . •

Lozolla-Rodriguez 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 in imposing a sentence in excess of the two-year maximum set forth in 8 U.S.C. § 1326 (a), based upon a prior aggravated felony. He contends that his case is distinguishable from Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), because he did not admit to any aggravat *709 ed felony following deportation at his plea hearing. He also contends that his constitutional rights were violated when the issue of the prior felony was not presented to a jury. Lozolla-Rodriguez’s arguments are foreclosed by this court’s recent decision in United States v. Arellano-Rivera, 244 F.3d 1119, 1127 (9th Cir.2001).

Lozolla-Rodriguez also contends that the district court erred in not granting downward departures based on his stipulation to deportation and his close family ties in Mexico. Because the district court…