MEMORANDUM **

Omar Mora Rivera appeals his 41-month sentence for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326(a). He contends that evolving Supreme Court jurisprudence has undermined the holding of Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), and that the enhancement of his sentence under 8 U.S.C. § 1326(b)(2) and U.S.S.G. § 2L1.2(b)(l)(A) on the basis of a fact — a prior arson conviction — not proved beyond a reasonable doubt to a jury is unconstitutional because the sentence exceeds the statutory maximum two years. This contention is foreclosed. See United States v. Beng-Salazar, 452 F.3d 1088 (9th Cir. 2006); United States v. Weiland, 420 F.3d 1062, 1079 n. 16 (9th Cir. 2005).

AFFIRMED.