
    UNITED STATES of America, Plaintiff-Appellee, v. Hernan Francisco SILVA-GUERRERO, Defendant-Appellant.
    No. 06-10409.
    United States Court of Appeals, Ninth Circuit.
    Submitted Jan. 8, 2007.
    
    Filed Jan. 12, 2007.
    Robert A. Bork, Esq., Robert L. Ell-man, Esq., U.S. Attorney’s Office, Las Vegas, NV, for Plaintiff-Appellee.
    Jason F. Carr, Esq., Federal Public Defender’s Office, Las Vegas, NV, for Defendant-Appellant.
    Before: ALARCÓN, HALL, and PAEZ, Circuit Judges.
    
      
       This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Hernán Francisco Silva-Guerrero appeals the 41-month sentence imposed following his guilty plea to being found in the United States after illegal re-entry, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Silva-Guerrero contends that the district court violated his constitutional rights by imposing a sentence in excess of the two-year maximum set forth in 8 U.S.C. § 1326(a) based on a prior conviction that was neither proved to a jury nor admitted during the plea colloquy. Silva-Guerrero concedes, and we agree, that this contention is foreclosed. See United States v. Beng-Salazar, 452 F.3d 1088, 1091 (9th Cir.2006).

AFFIRMED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     