Santacruz-Sanchez

MEMORANDUM **

Silvestre Santacruz-Sanchez appeals the sentence imposed following his guilty plea conviction for deported alien found in the United States, in violation of 8 U.S.C. § 1326 .

Santacruz-Sanchez contends that the district court violated his constitutional rights in enhancing his sentence under 8 U.S.C. § 1326 (b) and § 2L1.2(b)(1)(A) of *983 the advisory Sentencing Guidelines based on a prior criminal conviction and subsequent deportation neither of which were proved beyond a reasonable doubt to a jury nor admitted as part of the guilty plea. He contends that Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), is no longer good law, and that 1326(b) is unconstitutional. See United States v. Delaney, 427 F.3d 1224 1226 (9th Cir.2005) (holding that the fact of a prior conviction for sentencing purposes need not be proved to a jury or admitted by defendant to satisfy the Sixth Amendment); United States v. Moreno-Hernandez, 419 F.3d 906 , 914 n. 8 (9th Cir.2005) (explaining that a district judge’s enhancement of a sentence, based on the fact of a prior conviction under U.S.S.G. § 2L1.2, does not raise any Sixth Amendment problems);…