Amezcua-Garibay

MEMORANDUM **

Federico Amezcua-Garibay appeals the judgment of conviction and sentence upon his guilty plea for one count of unlawful reentry by a deported alien, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

Amezcua-Garibay contends that application of the aggravated felony provision of the U.S. Sentencing Guidelines to his conviction was error as a matter of law and that it violated the Ex Post Facto Clause of the United States Constitution. Because defendant failed to raise the issue before the district court, we review for plain error. United States v. Romero- *937 Avila, 210 F.3d 1017, 1021-22 (9th Cir. 2000); Fed.R.Crim.P. 52(b). We find no error, much less plain error.

Amezcua violated 8 U.S.C. § 1326 , by being a deported alien “found in” the United States, after the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. No. 104-208. As such, he was subject to that Act’s amendments to the U.S. Sentencing Guidelines, United States v. Ramirez-Valencia, 202 F.3d 1106, 1110 (9th Cir.2000), and hence to the 16-level enhancement for having committed…