MEMORANDUM**

Manuel Garibaldi-Hernandez appeals the 41-month sentence imposed following his jury trial conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326.

Garibaldi-Hernandez contends that, in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), his sentence should not have exceeded the two-year statutory maximum sentence pursuant to 8 U.S.C. § 1326(a). Garibaldi-Hernandez acknowledges that this argument is foreclosed by United *849States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir. 2000), cert, denied, 532 U.S. 966, 121 S.Ct. 1503, 149 L.Ed.2d 388 (2001).

AFFIRMED.