Gutierrez-Valencia

MEMORANDUM **

Ismael Gutierrez-Valencia appeals from the 46-month 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.

Gutierrez-Valencia contends that the district court erred by increasing his sentence pursuant to 8 U.S.C. § 1326 (b)(2) based on judge-found facts that he did not admit and a jury did not find beyond a reasonable doubt. He further asserts 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 v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), has been overruled and that § 1326(b) is unconstitutional.

These contentions are foreclosed with respect to prior convictions. See United States v. Velasquez-Reyes, 427 F.3d 1227, 1229 (9th Cir.2005) (rejecting the contention that the government is required to plead prior convictions in the indictment and prove them beyond a reasonable doubt *666 to a jury unless…