Martinez-Almaguer

MEMORANDUM *

Raul Martinez-Almaguer appeals his 41-month prison sentence and three year *624 period of supervised release for illegal reentry in violation of 8 U.S.C. §§ 1326 (a) and 1326(b)(2). Because the parties are aware of the facts of this ease, we do not recount them here. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

“[W]here a defendant has received a sentence that includes a period of supervised release, a challenge to the length of his sentence of imprisonment is not moot because the district court has discretion regarding the length of supervised release ... and can change the supervised release period.” United States v. Allen, 434 F.3d 1166, 1170 (9th Cir.2006) (internal citations omitted). Therefore, although MartinezAlmaguer’s estimated release date has already passed, his sentencing appeal is not moot because Martinez-Almaguer still must serve a period of supervised release.

Under Apprendi v. New Jersey, 530 U.S. 466, 490 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), the district court was clearly allowed to consider Martinezr-Almaguer’s prior aggravated felony conviction during sentencing. See United States v. Zepeda-Martinez, 470 F.3d 909, 912 (9th…