
    UNITED STATES of America, Plaintiff—Appellee, v. Fidal BARRERA-FLORES, Defendant—Appellant.
    No. 02-10003.
    D.C. No. CR-01-00077-HDM/RAM.
    United States Court of Appeals, Ninth Circuit.
    Submitted Sept. 9, 2002.
    
    Decided Sept. 19, 2002.
    Before HUG, O’SCANNLAIN, and TASHIMA, Circuit Judges.
    
      
      This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Fidal Barrera-Flores appeals his guilty plea conviction and 57-month sentence for unlawful reentry of a deported, removed, and/or excluded alien in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, we review for plain error, and we affirm. See United States v. Vonn, 294 F.3d 1093, 1093-94 (9th Cir.2002) (order).

Barrera-Flores contends that the district court erred in sentencing him pursuant to 8 U.S.C. § 1326(b)(2) because the subsection only applies to “removed,” not “deported,” aliens. Barrera-Flores contends that because he pleaded guilty to being “deported,” the maximum penalty is two years under 8 U.S.C. § 1326(a)(1). This contention fails. See United States v. Lopez-Gonzalez, 183 F.3d 933, 935 (9th Cir.1999) (concluding that “any distinction between deportation and removal is legally insignificant for purposes of § 1326”).

In addition, Barrera-Flores contends that congressional changes to § 1326(b)(2) created a separate crime for which “removal” must be pleaded and proved beyond a reasonable doubt pursuant to Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). This contention also fails. See United States v. Pacheco-Zepeda, 234 F.3d 411, 413-14 (9th Cir.), cert, denied, 532 U.S. 966, 121 S.Ct. 1503, 149 L.Ed.2d 388 (2001) (holding that § 1326(b)(2) as amended does not define a separate crime from § 1326(a)).

AFFIRMED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
     