Hernandez-Amescua

MEMORANDUM **

Sergio Hernandez-Amescua appeals from his 50-month sentence for illegal reentry in violation of 8 U.S.C. § 1326 . *667 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Hernandez-Amescua contends that the maximum sentence that could be imposed is two years because the constitutional holding of Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), is inconsistent with Supreme Court jurisprudence. This contention is foreclosed. See United States v. Salazar-Lopez, 506 F.3d 748 , 751 n. 3 (9th Cir.2007).

Hernandez-Amescua also contends that his admission that his prior conviction was an aggravated felony must be vacated because the district court did not inform him of the elements of an aggravated felony under Fed.R.Crim.P. 11. He further contends that the district court accepted his admission without a sufficient factual basis. This contention is foreclosed. See United States v. Covian-Sandoval, 462 F.3d 1090, 1096 (9th Cir.2006), cert. denied, — U.S. -, 127 S.Ct. 1866 , 167 L.Ed.2d 355 (2007) (prior convictions do not need to be alleged in the indictment, proven beyond a reasonable doubt or admitted by the…