Medina-Valenzuela

MEMORANDUM **

David Medina-Valenzuela appeals the 30-month sentence imposed under the advisory Guidelines scheme following his guilty plea to attempted entry after deportation, in violation of 8 U.S.C. § 1326 . He contends that the district court violated his *33 constitutional rights in enhancing his sentence under 8 U.S.C. § 1326 (b) and U.S.S.G. § 2L1.2(b)(l)(A) because of facts — a prior aggravated felony conviction and the fact that the conviction preceded his deportation — neither charged in the indictment, proved beyond a reasonable doubt to a jury, nor admitted as part of the guilty plea. He contends that this court should hold that Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), is limited to the precise holding that a prior conviction that increases the maximum penalty need not be alleged in the indictment when the conviction is admitted during a guilty plea, and that Almendarez-Torres and this court’s caselaw have been effectively overruled by Shepard v. United States, 544 U.S. 13 , 125 S.Ct. 1254 , 161 L.Ed.2d 205 (2005), and other recent Supreme Court decisions. These contentions are foreclosed. See United States v.…