Cruz-Rodriguez

MEMORANDUM **

Jorge Cruz-Rodriguez appeals the 52-month sentence imposed following his guilty plea conviction for illegal reentry following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 18 U.S.C. § 3742 (a), and we affirm.

Cruz-Rodriguez, sentenced under advisory guidelines in the wake of United States v. Booker, 543 U.S. 220 , 125 S.Ct. *556 738 , 160 L.Ed.2d 621 (2005), contends that under the rule of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), the district court violated his Sixth Amendment rights by imposing a sentence in excess of the two-year maximum set forth in 8 U.S.C. § 1326 (a) based on a prior felony drug trafficking conviction that was neither proved to a jury nor admitted during the plea colloquy. This contention is foreclosed. See, e.g., United States v. Brown, 417 F.3d 1077, 1078-79 (9th Cir.2005) (noting that Booker did not change the rule that Apprendi carves out an exception for proving the fact of a prior conviction); United States v. Moreno-Hernandez, 419 F.3d 906 , 914 n. 8 (9th Cir.2005) (stating that a sentence enhancement based on the fact of a prior conviction “does not raise any…