Chavez-Ibarra

MEMORANDUM ***

A jury convicted Defendant Ruben Chavez-Ibarra of illegal reentry after deportation in violation of 8 U.S.C. § 1326 (a). The sentencing court enhanced ChavezIbarra’s sentence under 8 U.S.C. § 1326 (b)(2), finding Chavez-Ibarra’s prior convictions for rape and assault with intent to rape qualified as aggravated felonies. The court sentenced Chavez-Ibarra to ninety-six months imprisonment. ChavezIbarra appeals. We have jurisdiction over the district court’s final judgment under 28 U.S.C. § 1291 . We affirm.

First, Chavez-Ibarra argues that because his prior convictions subject him to a sentence beyond the statutory maxi *873 mum under § 1326(a), the convictions must be alleged in the indictment and submitted to the jury under Apprendi v. New Jersey, 530 U.S. 466, 490 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). Chavez-Ibarra’s argument is foreclosed by United States v. Arellano-Rivera, 244 F.3d 1119, 1127 (9th Cir.2001) (finding district court properly enhances a defendant’s sentence on the basis of prior aggravated felonies “even though [the defendant] did not admit to having committed them, and even though the government neither alleged them in the indictment nor…