Palafox-Barajas

MEMORANDUM **

Jose Guadalupe Palafox-Barajas appeals from the 60-month sentence imposed following his guilty plea to illegal reentry into the United States in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Palafox-Barajas contends that the district court violated his Sixth Amendment rights pursuant to Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), by applying a 16-level enhancement based on his prior drug trafficking conviction. We reject this contention. See United States v. Rodriguez-Lara, 421 F.3d 932, 949-50 (9th Cir.2005) (affirming the continuing validity of Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), and rejecting a constitutional challenge to § 1326(b)).

He further contends that the district court committed Apprendi error in computing his criminal history score by not finding the fact of his prior sentence beyond a reasonable doubt. However, this contention lacks merit. See United States v. Martin, 278 F.3d 988, 1006 (9th Cir. 2002) (“Apprendi expressly excludes recidivism from its scope. Defendant’s criminal history need not be proved to a jury…