Cruz-Ayon

MEMORANDUM **

Roberto Cruz-Ayon appeals the sentence imposed following his guilty plea to unlawful reentry by a deported alien in violation of 8 U.S.C. § 1326 (a).

The district court imposed a sixteen-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A) and 8 U.S.C. § 1326 (b)(2) *578 based on Cruz-Ayon’s deportation having been subsequent to a drug trafficking conviction that exceeded thirteen months.

Cruz-Ayon contends that after Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), Ring v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002), Blakely v. Washington, - U.S. -, 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), and United States v. Ameline, 376 F.3d 967 (9th Cir.2004), this enhancement, which resulted in a sentence in excess of the two-year statutory maximum set forth in § 1326(a), violates the Sixth Amendment because necessary facts — the specific type of the offense and the temporal relationship of the offense to the deportation — were neither admitted by Cruz-Ayon nor proved to a jury beyond a reasonable doubt.

This contention lacks merit. We have continued to hold, after Apprendi, Ring, Blakely, and Ameline , that § 2L1.2(b)…