Palencia-Ramirez

MEMORANDUM **

Jose De Jesus Palencia-Ramirez appeals his 37-month sentence following his guilty-plea conviction to illegally re-entering the United States following deportation, 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.

Palencia-Ramirez’ contention that he is subject only to the two-year penalty under 8 U.S.C. § 1326 (a) because government did not plead an aggravated felony in the indictment is foreclosed by United States v. Pacheco-Zepeda, 234 F.3d 411, 414-15 (9th Cir.2001) (concluding that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not overrule Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), and did not limit Almendarez-Torres to cases where a defendant admits prior aggravated felony convictions on the record).

Palencia-Ramirez’ other contention, that the district court erred by enhancing his offense level by 16 levels, pursuant to U.S.S.G. § 2L1.2(b)(l)(A), on the basis of an aggravated felony which he committed prior to a deportation not alleged in the *671 indictment, is also foreclosed by Pacheco-Zepeda. See…