Pacheco-Camacho

ORDER and MEMORANDUM **

The court sua sponte vacates the memorandum disposition filed on May 18, 2004, as issued in error.

Carlos Manuel Pacheco-Camacho appeals his guilty-plea conviction and 70-month sentence for one count of unlawful reentry into the United States by a deported alien, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part and remand in part.

Pacheco-Camacho contends that his guilty plea was involuntary because the district court failed to inform him of an element of his offense; namely that the existence of his prior offense would result in an increased sentence, in violation of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). This argument is foreclosed by this court’s decision in United States v. Pacheco-Zepeda, 234 F.3d 411, 414-15 (9th Cir.2000) (holding 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)). Accordingly, the judgment is AFFIRMED.

We REMAND to the district court with directions to correct the judgment to exclude the…