Rivera-Padilla

MEMORANDUM **

Jose Rivera-Padilla appeals the judgment of conviction and 57-month sentence following his guilty plea to a single count of unlawful reentry of deported alien following deportation from the United States in violation of 8 U.S.C. § 1326 (a) and (b). Rivera-Padilla 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), and United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir.2000), cert. denied, — U.S. -, 121 S.Ct. 1503 , 149 L.Ed.2d 388 (2001), because he did not admit to an aggravated felony following deportation at his plea hearing and he contested use of his prior felony at sentencing. Rivera-Padilla’s arguments are foreclosed by this *531 court’s recent decision in United States v. Arellano-Rivera, 244 F.3d 1119, 1127 (9th Cir.2001). Accordingly, the sentence is affirmed.

We remand for the limited purpose of directing…