Lopez-Vivas

MEMORANDUM **

Douglas Enrique Lopez-Vivas (“Lopez-Vivas”) appeals the sentence imposed following his conviction for illegal reentry following deportation, in violation of 8 U.S.C. § 1326 . We affirm,

X

T „. , ,,,,,, . s, hancement provisions of 8 U.S.C. § 1326 are unconstitutional under Apprendi v. New Jersey 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), is, as he concedes, foreclosed by this court>s decisions. See States v. Velasquez-Reyes, 427 F.3d 1227, 1229 (9th Cir.2005) (citing United States v. Pacheco-Zepeda, 234 F.3d 411, 415 (9th Cir.2001)). As he further con. cedeg; Wg ^ that u.s.g.G. § 3EU(b) is unconstitutional is also foredosecL Uni ted States v. Baldrich, 471 F.3d 1110, 1115 (9th Cir.2006); United States v. Espinoza-Cano, 456 F.3d 1126, 1136 (9th Cir.2006).

II

Lopez-Vivas argues that his sen-fence should be reversed because the district court did not consider — or adequately consider — the 18 U.S.C. § 3553 (a) factors, and because his sentence is treasonable. The reeord reflects’ however’ that the dis" trict court correctly calculated the advisory Guidelines range, considered the § 3553(a) factors, weighed mitigating and aggravating circumstances, and…