Blanco-Gallegos

MEMORANDUM **

Jose Guadalupe Blanco-Gallegos appeals his fifty-one month sentence imposed following remand for resentencing in United States v. Blanco-Gallegos, 188 F.3d 1072 (9th Cir.1999). Blanco-Gallegos was convicted by jury trial for attempting to reenter 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.

Blanco-Gallegos contends that under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), the existence and nature of a prior felony conviction used to enhance his sentence must be charged in the indictment and proved beyond a reasonable doubt. Blanco-Gallegos also contends that Ap-prendi limited Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) to its unique facts, and that 8 U.S.C. § 1326 (b)(2) facially violates the Fifth and Sixth Amendments of the United States Constitution.

Contrary to Blanco-Gallegos’ assertions, all of his contentions are foreclosed by our decisions in United States v. Pacheco-Zepeda, 234 F.3d 411, 414 (9th Cir.), cert. denied, 532 U.S. 966, 121 S.Ct. 1503 , 149 L.Ed.2d 388…