MEMORANDUM **

Alvaro Goana-Cervantes appeals from his 41-month sentence for illegal reentry by a deported alien, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

To the extent Goana-Cervantes contends that his sentence should not have exceeded two years because his prior conviction did not satisfy the conditions of 8 U.S.C. § 1326(b), we disagree. GoanaCervantes’s uncontested prior conviction for felony statutory rape was sufficient to enhance his sentence beyond two years. See 8 U.S.C. § 1326(b); Apprendi v. New Jersey, 530 U.S. 466, 489, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

To the extent Goana-Cervantes contends that the Sentencing Commission exceeded its authority by altering the meaning of 8 U.S.C. § 1326, we conclude there was no plain error. See United States v. Pimentel-Flores, 339 F.3d 959, 967 (9th Cir. 2003). To the extent Goana-Cervantes otherwise contends that his sentence was impermissible, we likewise conclude there was no plain error. See id.

AFFIRMED.