Navarro-Bravo

MEMORANDUM **

Luis Navarro-Bravo appeals the 63-month sentence imposed following his jury trial conviction for illegal reentry after deportation in violation of 8 U.S.C. § 1326 . Navarro-Bravo 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 felony which was not pled in *814 the indictment and which was not submitted to the jury and proven beyond a reasonable doubt. Navarro-Bravo is correct that this court has specifically rejected the contention that Apprendi has overruled 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). Navarro-Bravo’s arguments are foreclosed under United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir.2000), cert. denied, 532 U.S. 966 , 121 S.Ct. 1503 , 149 L:Ed.2d 388 (2001).

We lack jurisdiction to review the district court’s discretionary refusal to grant Navarro-Bravo’s requests to depart downward from the Sentencing Guidelines. United…