Alviso

A jury convicted defendant of violating 8 U.S.C. § 1326 (a) (being a deported alien found in the United States without permission) 1 and 8 U.S.C. § 1326 (b)(1) (being such an alien after having been deported following a felony conviction). 2 Defendant appeals, asserting that: (1) the government violated his Fifth Amendment rights by failing to prove that it had found him on the date specified in the indictment; and (2) the district court erred by admitting evidence of his prior felony convictions. We affirm defendant’s conviction for violating 8 U.S.C. § 1326 (a) but *1197 reverse his conviction for violating 8 U.s.c. § 1326(b)(1).

FACTUAL AND PROCEDURAL HISTORY

On February 22, 1993, defendant pleaded guilty to and was convicted of two crimes: assault by means of force and unlawful sexual intercourse. After defendant finished serving his state sentence, on January 31, 1995, the Immigration and Naturalization Service ("INS") deported him. Thereafter, defendant returned to the United States without permission.

The government then prosecuted defendant for violating 8 U.S.C. §~ 1326(a) and (b)(1). Before trial, defendant moved to exclude evidence of his prior felony convictions. He…