Herrera

MEMORANDUM **

Salvador Antonio Herrera appeals his conviction by guilty plea and sentence for being an illegal alien found in the United States following deportation. Herrera contends that the holding in Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), that a qualifying prior conviction that increases a sentence pursuant to 8 U.S.C. § 1326 (b) is a “sentencing factor” to be found by a judge at sentencing rather than by a jury, has been undercut by subsequent Supreme Court decisions, and that the prior-conviction enhancement provisions of § 1326(b) are no longer constitutionally permissible. This contention is foreclosed. United States v. Weiland, 420 F.3d 1062 , 1079 n. 16 (9th Cir.2005) (noting that we continue to be bound by the Supreme Court’s holding in Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), that a district court may enhance a sentence on the basis of prior convictions, even if the fact of those convictions was not found by a jury beyond a reasonable doubt).

The conviction and sentence are therefore affirmed.

In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057 (9th…