Lorenzana-Quiroz

MEMORANDUM **

Manuel Lorenzana-Quiroz appeals the sentence imposed by the district court following his guilty plea to illegal reentry *901 after deportation in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Lorenzana-Quiroz first challenges his sentence under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). He argues that 8 U.S.C. § 1326 (b)(2)’s sentencing provision for those convicted of an “aggravated felony” is an element of the offense of illegal reentry that must be charged in the indictment per Apprendi . He claims that the indictment in the present case did not allege with sufficient specificity his past commission of an aggravated felony, and that the district court committed reversible error by enhancing his sentence sixteen levels under U.S.S.G. §§ 2L1.2(b)(l)(A). This circuit rejected the same argument in United States v. Pacheco-Zepeda, 234 F.3d 411, 414 (9th Cir.2000); cert. denied, — U.S.-, 121 S.Ct. 1503 , 149 L.Ed.2d 388 (2001). We, therefore, conclude that the district court did not err by assessing the sixteen level increase.

Lorenzana-Quiroz also argues, for the first time…