Lopez-Orozco

MEMORANDUM **

Ricardo Lopez-Orozco appeals the sentence imposed following his guilty plea to being an alien found in the United States after deportation without permission in violation of 8 U.S.C. § 1326 .

Lopez-Orozco contends that his constitutional rights were violated by the enhancement of his sentence above the two-year maximum set forth in 8 U.S.C. § 1326 (a), based on a prior conviction that was not charged in the indictment, proved to a jury, or admitted by Lopez-Orozco. This contention is, as Lopez-Orozco concedes, foreclosed. United States v. Von Brown, 417 F.3d 1077, 1078-79 (9th Cir.2005) (per curiam). See also 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).

In supplemental briefing, LopezOrozco contends that he was entitled to have a jury determine that the prior conviction that formed the basis for his 4-level…