Aguirre-Cruz

MEMORANDUM **

Victorino Aguirre-Cruz appeals his 78-month sentence imposed following his guilty plea to being found in the United States after illegal re-entry, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we affirm.

Aguirre-Cruz contends that the district court violated his Sixth Amendment rights by imposing a sentence in excess of the two-year maximum set forth in 8 U.S.C. § 1326 (a) based on a prior conviction that was neither proved to a jury nor admitted during the plea colloquy. This contention is foreclosed. See United States v. Wetland, 420 F.3d 1062 , 1079 & n. 16 (9th Cir.2005), petition for cert, filed, No. 05-8847 (filed Jan. 23, 2006); United States v. Moreno-Hemandez, 419 F.3d 906 , 914 & n. 8 (9th Cir.), cert. denied, — U.S.-, 126 S.Ct. 636 , 163 L.Ed.2d 515 (2005); United States v. Von Brown, 417 F.3d 1077, 1078-79 (9th Cir.) (per curiam), remanded, 2005 WL 2129648 (9th Cir. Sept.6, 2005) (unpublished order).

We also reject Aguirre-Cruz’s contention that the enhanced sentenced was inappropriate because the government did not allege, nor did Aguirre-Cruz admit, the date of his deportation. See United States v.…