Hernandez-Aneda

MEMORANDUM **

Nelson Jovan Hernandez-Aneda appeals the sentence imposed following his guilty plea to unlawful reentry of a deported or removed alien in violation of 8 U.S.C. § 1326 (a).

Pursuant to Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), Blakely v. Washington , — U.S. -, 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), Ring v. Arizona, 536 U.S. 584, 609 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002), and United States v. Ameline, 376 F.3d 967 (9th Cir.2004), Hernandez-Aneda contends that the district court erred in enhancing his sentence based upon facts — the timing and type of his prior conviction — that were not alleged in the indictment, proven beyond a reasonable doubt to a jury, or admitted by the defendant. The sole basis for the sentencing enhancement was Hernandez-Aneda’s prior aggravated felony conviction, and his contention is, therefore, foreclosed by our holdings in United States v. Pacheco-Zepeda, 234 F.3d 411, 414 (9th Cir.2000), and United States v. Quintana-Quintana, 383 F.3d 1052, 1052-53 (9th Cir.2004).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as…