Rivera-Orozco

MEMORANDUM **

Jorge Daniel Rivera-Orozco appeals his 60-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

Rivera-Orozco first contends that under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), the existence and nature of a prior felony conviction used to enhance his sentence must be charged in the indictment and proved *415 beyond a reasonable doubt. Rivera-Orozco also contends that because of the 1996 Congressional changes to § 1326, Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) does not apply to his case. These contentions are foreclosed by our decision in United States v. Arellano-Rivera, 244 F.3d 1119, 1127 (9th Cir.2001), cert. denied, 535 U.S. 976 , 122 S.Ct. 1450 , 152 L.Ed.2d 392 (2002).

Rivera-Orozco next contends that his sentence was erroneously enhanced by § 1326(b)(2), because he admitted only that he was previously deported, not removed. Contrary to Rivera-Orozco’s assertion, this contention is…