Alegria-Gonzalez

MEMORANDUM **

Pedro Alegria-Gonzalez appeals from the 41-month sentence imposed following his guilty-plea conviction for unlawful reentry by a deported, removed, and/or *96 excluded alien, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Alegria-Gonzalez contends that the district court procedurally erred in fashioning his sentence by failing to meaningfully consider his arguments and the factors listed in 18 U.S.C. § 3553 (a). We conclude that the district court did not procedurally err. See United States v. Carty, 520 F.3d 984, 995 (9th Cir.2008) (en banc).

Alegria-Gonzalez also contends based on Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), that Almendarez-Torres v. U.S., 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) is no longer good law and that the judicial factfinding used to increase his sentence pursuant to 8 U.S.C. § 1326 (b) violated the Fifth and Sixth Amendments. These contentions are foreclosed. See United States v. Becerril-Lopez, 541 F.3d 881, 893 (9th Cir.2008).

Finally, Alegria-Gonzalez contends that the fact of his prior qualifying conviction and the fact of his…