remaining contention that 8 U.S.C. § 1326(b) is unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). See United States v. Ochoa-Gaytan, 265 F.3d 837, 845-46 (9th Cir.2001) (<HOLDING>). AFFIRMED. ** This disposition is not
holding that almendareztorres remains the law after apprendi holding that apprendi carved out an exception for prior convictions that specifically preserved the holding of almendareztorres recognizing exception carved out by almendareztorres recognizing the prior conviction exception of almendareztorres holding that almendareztorres was not overruled by apprendi