Perez-Nolasco

MEMORANDUM **

Jorge Perez-Nolasco appeals his conviction for being found in the United States after having been deported. 8 U.S.C. § 1326 . He contends that: (1) the underlying deportation proceeding violated due process; (2) voluntary entry into the United States should have been alleged in the indictment and submitted to the jury; (3) knowledge that it was illegal to re-enter should have been alleged in the indictment; and (4) the imposition of the longer sentence mandated by 8 U.S.C. § 1326 (b) without alleging or proving a prior conviction violates the constitutional rule set out in Apprendi v. New Jersey, 530 U.S. 466 , *14 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). We affirm the judgment of the district court on all grounds.

Because all parties are familiar with the facts of the case, we recount them only briefly here. Perez-Nolasco, a Mexican citizen, is married to an American citizen with whom he has two American citizen children. His wife, who lives with her mother and the couple’s children, has diabetes and cannot work. Perez-Nolasco was ordered deported from the United States after being convicted of being a felon in possession of a firearm and serving a two-year…