Garcia-Chavez

MEMORANDUM **

Jaime Garcia-Chavez appeals the judgment of conviction and 37-month sentence following his guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . Garcia-Chavez 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 improperly imposed a sentence in excess of the two-year maximum set forth in 8 U.S.C. § 1326 (a) because the government neither pled in the indictment nor established through the guilty plea that Garcia-Chavez had sustained a prior aggravated felony conviction. He also contends that Apprendi renders inapplicable Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) (holding that 8 U.S.C. § 1326 (b)(2) is a sentencing factor and not a separate offense). These arguments are foreclosed by United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir.), cert. denied, — U.S. -, 121 S.Ct. 1503 , 149 L.Ed.2d 388 (2001). Accordingly, the district court’s judgment is

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth…