
    UNITED STATES of America, Plaintiff—Appellee, v. Jose Manuel HUERTA-CABRERA, Defendant—Appellant.
    No. 09-10166.
    United States Court of Appeals, Ninth Circuit.
    Submitted Nov. 17, 2009.
    
    Filed Dec. 14, 2009.
    Robert A. Bork, Esquire, Office of the U.S. Attorney, Las Vegas, NV, for Plaintiff-Appellee.
    Richard F. Boulware, Esquire, Assistant Federal Public Defender, Federal Public Defender’s Office, Las Vegas, NV, for Defendant-Appellant.
    Before: ALARCÓN, TROTT and TASHIMA, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Jose Huerta-Cabrera appeals the sentence imposed following his guilty plea to being a deported alien found unlawfully in the United States in violation of 8 U.S.C. § 1326.

Huerta-Cabrera contends that his sentence violated Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because it was based on a prior aggravated felony conviction not charged or admitted. Huerta-Cabrera concedes that his argument is foreclosed, see e.g., United States v. Salazar-Lopez, 506 F.3d 748, 751 n. 3 (9th Cir.2007); United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir.2000); and that he raises it to preserve it for potential future review.

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