Ortega-Quiroz

MEMORANDUM **

Oscar Herberto Ortega-Quiroz appeals the sentence imposed following his guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a).

Ortega-Quiroz contends that the district court violated the Sixth Amendment by considering the “fact” of a prior state conviction that he neither admitted nor was found to exist by a jury beyond a reasonable doubt. This contention is without merit. We have continued to hold after Dretke v. Haley, 541 U.S. 386 , 124 S.Ct. 1847 , 158 L.Ed.2d 659 (2004), Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), Shepard v. United States, 544 U.S. 13 , 125 S.Ct. 1254 , 161 L.Ed.2d 205 (2005), and United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), that enhancements under U.S.S.G. § 2L1.2 do not implicate the Sixth Amendment. See United States v. Moreno-Hemandez, 419 F.3d 906 , 914 n. 8 (9th Cir.2005) (rejecting Blakely/Booker challenge to enhancement under § 2L1.2(b)(A)(n)); see also United States v. Weiland, 420 F.3d 1062 , 1079 n. 16 (9th Cir.2005) (noting that we continue to…