Villasenor-Garcia

MEMORANDUM **

Ruben Villaseñor-Garcia 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 . Villaseñor-Garcia contends that the district court erred by increasing his sentence above 8 U.S.C. § 1326 (a)’s two- *672 year statutory maximum based on a prior conviction that was neither proven to a jury nor admitted by Villaseñor-Garcia. He argues that the constitutional doubt doctrine requires that Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), be limited to the holding that a prior conviction that increases the maximum penalty need not be alleged in the indictment when the conviction, unlike here, is admitted as part of a guilty plea. He also argues that 8 U.S.C. § 1326 (b), which increases the statutory maximum based on prior convictions not proved to a jury, is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000).

These contentions are foreclosed. United States v. Velasquez-Reyes, 427 F.3d 1227, 1229 (9th Cir.2005) (rejecting contention that the government is required to plead prior convictions in the…