Alvarado-Torres

MEMORANDUM **

Ivan Alvarado-Torres appeals from the 30-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation in violation of 8 U.S.C. § 1326 (a) and enhanced by 8 U.S.C. § 1326 (b)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the sentence and remand.

Alvarado-Torres contends that his enhanced sentence under § 1326(b) is unconstitutional because the prior conviction exception of Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), has been overruled. This contention is foreclosed. See United States v. Pacheco-Zepeda, 234 F.3d 411, 414 (9th Cir.2000).

Alternatively, Alvarado-Torres contends that the application of Almendarez-Torres is limited to challenges to the indictment where the defendant admits the prior conviction during a guilty plea. This contention is also foreclosed. See United States v. Beng-Salazar, 452 F.3d 1088, 1091 (9th Cir.2006).

Finally, Alvarado-Torres contends that § 1326(b) is unconstitutional on its face because it permits the district court to raise the statutory maximum based on facts not determined by the jury. This contention is also foreclosed.…