Ruiz-Gonzalez

MEMORANDUM **

Juan Ruiz-Gonzalez challenges the constitutionality of his conviction and sentence under 8 U.S.C. § 1326 (b)(2). Ruiz-Gonzalez contends that we violate due process when we authorize the district court, rather than a jury, to determine that Ruiz-Gonzalez was convicted of an aggravated felony prior to re-entering the United States. See 8 U.S.C. § 1326 (b)(2) (raising the maximum sentence from two years to 20 years where the re-entering alien was removed after conviction for an aggravated felony). The Supreme Court rejected this argument in Almendarez-Torres v. United States, 523 U.S. 224, 239 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998).

*197 Ruiz-Gonzalez argues that we are not bound by Almendarez-Torres because the Supreme Court’s decision in Ring v. Arizona, 586 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002) “implicitly overruled” Almendarez-Torres . We are bound, however, by Almendarez-Torres unless and until Almendarez-Torres is expressly overruled by the Supreme Court. United States v. Pacheco-Zepeda, 234 F.3d 411, 411 (9th Cir.), cert. denied, 532 U.S. 966 , 121 S.Ct. 1503 , 149 L.Ed.2d 388 (2001). Ring does not purport to expressly overrule…