Saldana-Lopez

MEMORANDUM **

Demetrio Saldana-Lopez appeals the sentence imposed following his guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. § 1326 .

Saldana-Lopez contends that in applying a 16-level adjustment under U.S.S.G. § 2L1.2(b)(A)(ii), the district court committed error under Shepard v. United States, 544 U.S. 13 , 125 S.Ct. 1254 , 161 L.Ed.2d 205 (2005), Dretke v. Haley, 541 U.S. 386 , 124 S.Ct. 1847 , 158 L.Ed.2d 659 (2004), and Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), by considering “facts” from his prior state conviction and deportation that were neither admitted by Saldana-Lopez nor found to exist by a jury.

This contention lacks merit. We have continued to hold after Blakely, Haley, Shepard, and United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), that enhancements under U.S.S.G. § 2L1.2 do not implicate the Sixth Amendment. See United States v. Moreno-Hernandez, 419 F.3d 906 , 914 n. 8 (9th Cir.2005) (rejecting Blakely/Booker challenge to enhancement under § 2L1.2(b)(A)(ii)); see also United States v. Weiland, 420 F.3d 1062 , 1079 n. 16 (9th Cir.2005) (noting that we…