Hernandez

MEMORANDUM **

Jesus Manuel Hernandez appeals his 70 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.

First, Hernandez contends that the district court improperly enhanced his sentence under 8 U.S.C. § 1326 (b)(2) based on a prior aggravated felony that was not charged in the indictment, proven beyond a reasonable doubt at trial or admitted to on the record. Specifically, Hernandez argues that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), rather than Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) governs his case because he challenged the use of his prior conviction to enhance his sentence and pleaded guilty rather than go to trial.

We review de novo, see United States v. Arellano-Rivera, 244 F.3d 1119, 1127 (9th Cir.2001), and conclude that Hernandez’s argument is unpersuasive. See Arellano-Rivera, 244 F.3d at 1127 (holding that Apprendi did not overrule AlmendarezTorres ); United States v. Castillo-Rivera, 244 F.3d…