Orozco-Trejo

MEMORANDUM **

Jose De Jesus Orozco-Trejo appeals from the sentence imposed following his guilty plea to unlawful reentry of a deported alien, in violation of 8 U.S.C. § 1326 .

Orozco-Trejo contends that district court err by sentencing him to a term of 64 months when he only pled to the elements of 8 U.S.C. § 1326 (a), which carries a maximum sentence of two years and that Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) is no longer good law in light of intervening Supreme Court decisions, specifically Shepard v. United States, 544 U.S. 13 , 125 S.Ct. 1254 , 161 L.Ed.2d 205 (2005), and Dretke v. Haley, 541 U.S. 386 , 124 S.Ct. 1847 , 158 L.Ed.2d 659 (2004). These contentions are foreclosed. See United States v. Beng-Salazar, 452 F.3d 1088, 1093 (9th Cir.2006) (rejecting after Shepard and Haley , the specific contention that a section 1326(b) enhancement cannot be applied where the defendant did not admit his prior conviction during a guilty plea); United States v. Weiland, 420 F.3d 1062 , 1080 n. 16 (9th Cir.2005) (holding that we are bound to follow Almendarez-Torres even though it has been called into question, unless it is explicitly…