Juan Rogelio Barajas-Hernandez appeals his 63-month sentence imposed upon conviction after jury trial for illegal reentry of a previously deported alien, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and we affirm. Barajas-Hernandez first challenges the district court’s denial of his motion for acquittal, based on his contention that the prosecution did not prove his prior conviction at trial as required by Apprendi v. New 44 (9th Cir.1999) (per curiam), cert. denied, 529 U.S. 1061, 120 S.Ct. 1572, 146 L.Ed.2d 475 (2000) (<HOLDING>). AFFIRMED. ** This disposition is not
recognizing that 1996 amendment specifically applies regardless of date of prior conviction constituting aggravated felony holding that a prior nonarizona conviction to be used as a prior felony conviction under the statute must both be for an offense that would constitute a felony in arizona and be classified as a felony in the other jurisdiction holding that the expanded definition of aggravated felony applies retroactively in actions taken on or after september 30 1996 holding that  212c applies to all applications for relief filed after november 29 1990 regardless of when conviction occurred for offenses within the original definition of aggravated felony recognizing that 1996 amendment to definition of aggravated felony applies retroactively