Perez-Morales

MEMORANDUM ***

Appellant Arturo Perez-Morales (“Appellant”) appeals his conviction and sentence for being an illegal alien found in the United States following deportation subsequent to an aggravated felony conviction in violation of 8 U.S.C. § 1326 (a) and 8 U.S.C. § 1326 (b)(2). The facts and procedural history are familiar to the parties, and we do not repeat them here.

Appellant’s conviction challenge rests on his assertion that his plea was not knowing and intelligent because he was not advised that the government would have to prove the existence of his prior aggravated felony convictions to a jury beyond a reasonable doubt to render him eligible for an enhanced sentence under 8 U.S.C. § 1326 (b)(2). Because at trial the government would have had no such obligation, however, Appellant’s argument is without merit. See, e.g., Apprendi v. New Jersey, 530 U.S. 466, 490 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000) (“Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.” (emphasis added)); Almendarez-Torres v. United States, 523 *546 U.S.…