Gonzalez-Mendez

MEMORANDUM **

Florencio Gonzalez-Mendez appeals from 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 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Gonzalez-Mendez contends that the district court erred by increasing his sentence pursuant to 8 U.S.C. § 1326 (b)(2) based on judge-found facts, when he did not admit and a jury did not find beyond a reasonable doubt the date of his prior deportation or his convictions. He further asserts 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 need not be alleged in the indictment when admitted in a guilty plea, but that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), still requires facts to be submitted to a jury and proven beyond a reasonable doubt. He also contends that in light of subsequent Supreme Court decisions, Almendarez-Torres has been overruled and that § 1326(b) is unconstitutional.

These contentions are foreclosed. See United States v. Velasquez-Reyes,…