MEMORANDUM **

Jose Guadalupe Blanco-Gallegos appeals his fifty-one month sentence imposed following remand for resentencing in United States v. Blanco-Gallegos, 188 F.3d 1072 (9th Cir. 1999). Blanco-Gallegos was convicted by jury trial for attempting to reenter the United States after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and we affirm.

Blanco-Gallegos contends that under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), the existence and nature of a prior felony conviction used to enhance his sentence must be charged in the indictment and proved beyond a reasonable doubt. Blanco-Gallegos also contends that Ap-prendi limited Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998) to its unique facts, and that 8 U.S.C. § 1326(b)(2) facially violates the Fifth and Sixth Amendments of the United States Constitution.

Contrary to Blanco-Gallegos’ assertions, all of his contentions are foreclosed by our decisions in United States v. Pacheco-Zepeda, 234 F.3d 411, 414 (9th Cir.), cert. denied, 532 U.S. 966, 121 S.Ct. 1503, 149 L.Ed.2d 388 (2001), and United States v. Fresnares-Torres, 235 F.3d 481, 482 (9th Cir. 2000), cert. denied, 532 U.S. 966, 121 S.Ct. 1503, 149 L.Ed.2d 388 (2001). See also United States v. Castillo-Rivera, 244 F.3d 1020, 1024-25 (9th Cir. 2001); and United States v. Arellano-Rivera, 244 F.3d 1119, 1127 (9th Cir. 2001).

AFFIRMED.