With no explanation, chose the best option from "A", "B", "C" or "D". Jose Antonio Bonilla-Guzman appeals the judgment of conviction and his 77 month sentence following his guilty plea to a single count of being a deported alien found in the United States in violation of 8 U.S.C. § 1326(a) and (b)(2). Bonilla-Guzman contends that in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), the district court erred by imposing a sentence in excess of the two-year maximum set forth in 8 U.S.C. § 1326(a) on the basis of prior convictions for aggravated felonies that were not .charged in the indictment, submitted to a jury, and proved beyond a reasonable doubt. Bonilla-Guzman also contends that Apprendi renders inapplicable Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998) (<HOLDING>). These arguments are foreclosed by this

A: holding that the death of a victim may not be considered an aggravating factor in a homicide sentencing
B: recognizing that 8 usc  1326b contains sentencing facts not elements of the offense
C: holding that age factor in sexual assault statute pertains only to sentencing and is not an element of the offense
D: holding that 8 usc  1326b2 is a sentencing factor and not a separate offense
D.