MEMORANDUM **

Roberto Robles-Robles appeals from the 46-month sentence imposed following his guilty plea conviction for unlawful reentry of a deported alien, in violation of 8 U.S.C. § 1326. Robles-Robles acknowledges that his argument, that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) prevented the application of the maximum penalty under 8 U.S.C. § 1326(b)(2) because he did not admit to having previously committed an aggravated felony, is foreclosed by United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir. 2000), cert. denied, — U.S.-, *660121 S.Ct. 1503, 149 L.Ed.2d 388 (2001). Robles-Robles raises the contention solely to preserve it in the event the Supreme Court decides differently in the future. Thus, we do not consider it further.

AFFIRMED.