Tolosa-Zavala

MEMORANDUM ***

Hector Tolosa-Zavala appeals his sentence imposed following his guilty plea conviction for being an alien who was found in the United States after a previous exclusion, deportation or removal in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 & 18 U.S.C. § 3742 (a) and affirm.

The defendant argues that the Sixth Amendment requires that a jury find beyond a reasonable doubt whether he suffered a 2001 California drug conviction. He argues that Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) does not control because he did not admit the conviction during his guilty plea and that Almendarez-Torres is no longer good law after the Apprendi line of cases. We already have rejected these arguments. See United States v. Weiland, 420 F.3d 1062 , 1079-80 & n. 16 (9th Cir.2005), petition for cert. filed, — U.S. -, 126 S.Ct. 1911 , 164 L.Ed.2d 667 (2006); United States v. Moreno-Hernandez, 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. Arellano-Rivera, 244 F.3d 1119, 1127 (9th Cir.2001); see also United States v. Booker, 543 U.S. 220,…