Andres-Morales

MEMORANDUM **

Salvador Andres-Morales appeals his conviction and sentence for illegal reentry after deportation. We affirm.

The district court did not abuse its discretion by refusing to accept Andres-Morales’s guilty plea. Although Andres-Morales’s version of events may have been sufficient to support a conviction, in light of his assertion that he crossed the border while unconscious and was attempting to leave the United States the entire time he was here, the district court did not abuse its discretion in determining that there was an insufficient factual basis for the plea. See Fed. R.Crim. Pro. 11(b)(3). Nor did the district court commit plain error by failing to raise the idea of an Alford plea. See North Carolina v. Alford, 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970).

*566 Andres-Morales contends that because his prior conviction was not alleged in the indictment and proven to a jury beyond a reasonable doubt that his sentence should not have been enhanced. Under our case law, however, it is clear that a “judge may enhance a sentence under § 1326(b) for a prior conviction even if the fact of the conviction was not charged in the indictment, submitted to a jury,…