UNITED STATES of America, Plaintiff-Appellee, v. Jose Maria FELIX-VILLALOBOS, a.k.a. Jose Maria Felix, Defendant-Appellant, 600 F. App'x 574

MEMORANDUM Jose Maria Felix-Villalobos appeals from the district court’s judgment and challenges the 48-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1826. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Felix-Villalobos contends that his sentence should not have exceed two years because the fact of the prior conviction that subjected him to enhanced penalties under

section 1326(

b) was neither alleged in the indictment nor proven beyond a reasonable doubt. As Felix-Villalobos acknowledges, we are bound by Almendarez-Torres v. United States, 523 U.S. 224, 239-47, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), in which the Supreme Court rejected this argument. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.