Perdan-Pastrada

MEMORANDUM **

Issac Perdan-Pastrada 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 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

The district court did not err in applying an enhancement pursuant to 8 U.S.C. § 1326 (b)(2) based on Perdan-Pastrada’s prior felony drug trafficking conviction. The fact of a prior conviction does not need to be admitted by the defendant or proven to a jury beyond a reasonable doubt for purposes of sentencing. See United States v. Booker, 543 U.S. 220, 244 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005); United States v. Weiland, 420 F.3d 1062 , 1080 n. 16 (9th Cir.2005) (noting the continuing vitality of Almendarez-Torres v. United States, 523 U.S. 224, 247 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998)).

Perdan-Pastrada’s contention that due process prohibited retroactive application of the remedial portion of United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), is foreclosed by United States v. Dupas, 419 F.3d 916, 919-21 (9th Cir.2005). Similarly, Perdan-Pastrada’s contention that application of Booker to the Sentencing…