United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 02-3945
                                   ___________

United States of America,               *
                                        *
             Appellee,                  *
                                        * Appeal from the United States
      v.                                * District Court for the Southern
                                        * District of Iowa.
Sandro Zamudio-Martinez, also           *      [UNPUBLISHED]
known as Alfredo Perez                  *
Martinez, also known as Alfred          *
Martinez Perez,                         *
                                        *
             Appellant.                 *
                                   ___________

                          Submitted: July 2, 2003

                              Filed: July 8, 2003
                                   ___________

Before WOLLMAN, FAGG, and HANSEN, Circuit Judges.
                          ___________

PER CURIAM.

       Sandro Zamudio-Martinez pleaded guilty to unlawfully reentering the United
States following deportation, in violation of 8 U.S.C. § 1326(a). The district court1




      1
      The Honorable James E. Gritzner, United States District Judge for the
Southern District of Iowa.
sentenced Zamudio-Martinez to 57 months of imprisonment and 3 years of supervised
release. He appeals his sentence, and we affirm.

      For reversal, Zamudio-Martinez first argues that the district court lacked
authority to sentence him under 8 U.S.C. § 1326(b) because the indictment charged
only a violation of section 1326(a). The argument is unavailing, however, because
section 1326(b) does not define a crime separate from section 1326(a). See
Almendarez-Torres v. United States, 

, 226-27 (1998).

       Zamudio-Martinez also argues that the district court should not have assessed
2 criminal history points for committing the instant offense while he was serving a
term of probation, see U.S.S.G. § 4A1.1(d), because he never signed a probation
contract and thus was not under a probation sentence at the time of his illegal reentry.
We disagree. The district court did not err in rejecting Zamudio-Martinez’s legally
unsupported contention that his failure to enter into a probation contract, as required
by the terms of the state-court order imposing the sentence of probation, somehow
negated his probationary status. See United States v. Blanton, 

, 775 (8th
Cir. 2002) (district court’s findings of fact reviewed for clear error; interpretation and
application of Guidelines reviewed de novo).

      The judgment is affirmed.

      A true copy.

             Attest:

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




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