Jose Antonio Bonilla-Guzman appeals the judgment of conviction and his 77 month sentence following his guilty plea to a single count of being a deported alien found in the United States in violation of 8 U.S.C. § 1326(a) and (b)(2). Bonilla-Guzman contends that in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), the district court erred by imposing a sentence in excess of the two-year maximum set forth in 8 U.S.C. § 1326(a) on the basis of prior convictions for aggravated felonies that were not .charged in the indictment, submitted to a jury, and proved beyond a reasonable doubt. Bonilla-Guzman also contends that Apprendi renders inapplicable Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998) (<HOLDING>). These arguments are foreclosed by this
holding that 8 usc  1326b2 is a sentencing factor and not a separate offense holding that the death of a victim may not be considered an aggravating factor in a homicide sentencing recognizing that 8 usc  1326b contains sentencing facts not elements of the offense holding that age factor in sexual assault statute pertains only to sentencing and is not an element of the offense holding that a change in the law of sentencing does not constitute a new factor