Castro-Ramirez

MEMORANDUM **

Jose De Jesus Castro-Ramirez appeals his 74-month sentence imposed following a guilty plea conviction for illegally reentering the United States following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Castro-Ramirez contends that the district court improperly increased his sentence because: (1) Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000) overruled Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) (holding that a sentence may be enhanced based on a prior conviction that was not alleged in the indictment, admitted on the record or proved beyond a reasonable doubt); and (2) the district erred by failing to consider his collateral attack on the First Degree Rape conviction used to enhance his sentence. We disagree.

First, Castro-Ramirez’s Apprendi argument is foreclosed by our decision in United States v. Arellano-Rivera, 244 F.3d 1119, 1127 (9th Cir.2001) (concluding on de novo review, that Apprendi did not overrule Almendarez-Torres). See also United States v. Pacheco-Zepeda, 234 F.3d 411, 414-15 (9th Cir.), cert.…