Valencia-Espindola

MEMORANDUM *

Israel Valencia-Espindola appeals the 57-month sentence imposed after pleading guilty to unlawful re-entry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 18 U.S.C. § 3742 .

Valencia-Espindola first contends that when the district court increased his sentence beyond the two-year maximum in 8 U.S.C. § 1326 (a) and under the Federal Sentencing Guidelines on the basis of a prior felony conviction, the district court should have required proof beyond a reasonable doubt of the nature and fact of the prior conviction. This contention lacks merit because the fact of the prior conviction may be found by a judge alone. See United, States v. Von Brown, 417 F.3d 1077, 1079-80 (9th Cir.2005); United States v. Quintana-Quintana, 383 F.3d 1052, 1053 (9th Cir.2004). We have considered and reject Valencia-Espindola’s argument that Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) has been overruled by Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), or subsequent Supreme Court precedent. See Quintana-Quintana, 383 F.3d at 1053 (‘We have repeatedly acknowledged that Apprendi…