Julio Pacheco-Adame appeals the 57-month sentence imposed following his guilty plea for illegal entry of a deported alien. Pacheco-Adame contends that in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), it is illegal to impose a sentence in excess of the two-year maximum set forth in 8 U.S.C. § 1326(a) based upon a prior felony not pled in the indictment nor admitted as part of the plea. PachecoAdame 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>), because he did not admit to an aggravated
holding that the death of a victim may not be considered an aggravating factor in a homicide sentencing holding that age factor in sexual assault statute pertains only to sentencing and is not an element of the offense holding that 8 usc  1326b2 is a sentencing factor and not a separate offense recognizing that 8 usc  1326b contains sentencing facts not elements of the offense holding that a change in the law of sentencing does not constitute a new factor