United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 00-3852
                                    ___________

United States of America,             *
                                      *
            Appellee,                 *
                                      *
      v.                              * Appeal from the United States
                                      * District Court for the
Eduardo Olvera-Yanez, also known as * District of Nebraska.
Jose G. DeLeon, also known as         *
Eduardo Olvera, also known as         *     [UNPUBLISHED]
Eduardo O. Olvera, also known as      *
Eduardo G. Yanez, also known as       *
Eudardo O. Yanez, also known as Jose *
Guadalupe Ledesma-Deleon, also        *
known as Jose Guadalupe Ledesma,      *
                                      *
            Appellant.                *
                                 ___________

                            Submitted: February 6, 2001
                                Filed: March 6, 2001
                                    ___________

Before HANSEN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges.
                          ___________

PER CURIAM.

       Eduardo Olvera-Yanez pleaded guilty to illegally re-entering the United States
after deportation, in violation of 8 U.S.C. § 1326(a). His sentence was enhanced under
section 1326(b)(2) and U.S.S.G. § 2L1.2(b)(1)(A) because he had previously been
deported after being convicted of an aggravated felony. The district court1 sentenced
him to 77 months imprisonment and 2 years supervised release.

        Olvera-Yanez argues on appeal, as he did below, that the fact of his prior
aggravated-felony conviction had to be charged in the indictment and proven beyond
a reasonable doubt because Almendarez-Torres v. United States, 

(1998),
is no longer good law in light of Apprendi v. New Jersey, 

(2000). We
reject this argument because the Apprendi Court declined to overrule Almendarez-
Torres, 

and we have previously declined to read Apprendi as disturbing the
holding of Almendarez-Torres, see United States v. Rush, Nos. 00-2557/2765, 

, at *2 (8th Cir. Jan. 19, 2001) (per curiam) (Apprendi does not apply to fact
of prior conviction); United States v. Aguayo-Delgado, 

, 932 n.4 (8th Cir.)
(“In Apprendi, the Court left Almendarez-Torres untouched, although [it] expressed a
willingness to reconsider it.”), cert. denied, 

(2000).

      Accordingly, we affirm the judgment of the district court.

      A true copy.

             Attest:

                     CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




      1
        The Honorable Thomas M. Shanahan, United States District Judge for the
District of Nebraska.
                                          -2-