MEMORANDUM **

In 1988, J. Isidro Gerardo Corona-Castaneda received a felony conviction for rape by force in violation of California Penal Code § 261. In 2003, he pled guilty to being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . The district court sentenced him to a 77-month term of imprisonment. Corona-Castaneda argues that the maximum statutory sentence under § 1326 is only two years because rape was not an “aggravated felony” at the time of his 1988 conviction. We hold that the 77-month sentence does not exceed the statutory maximum.

The maximum term of imprisonment under § 1326 depends on the defendant’s criminal history. The default maximum term is two years. 8 U.S.C. § 1326 (a). The maximum term rises to ten years if the defendant’s “removal was subsequent to a conviction for commission of,” inter alia, “a felony (other than an aggravated felony).” Id. § 1326(b)(1). The maximum term further increases to twenty years if the defendant’s “removal was subsequent to a conviction for commission of an aggravated felony.” Id. § 1326(b)(2).

Regardless of whether Corona-Castaneda’s prior rape conviction now counts as an “aggravated felony,” it certainly qualifies as “a felony (other than an aggravated felony).” Under § 1326(b)(1), the statutorily authorized maximum sentence is 120 months, which is far greater than the 77-month sentence imposed in this case. We hold, therefore, that the district court’s sentence did not exceed the statutory maximum.

*203 We grant a limited remand under United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005).

Sentence VACATED and REMANDED under Ameline .

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.