Salas-Rivera

MEMORANDUM **

On April 19, 2000, Ricardo Salas-Rivera was charged, in a single count indictment, with being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . On July 19, 2000, after a two-day trial, the jury returned a guilty verdict. The trial court imposed a sentence of 57 months in custody, enhancing the maximum two-year sentence otherwise allowable under 8 U.S.C. § 1326 in light of Salas-Rivera’s prior conviction for Unlawful Sexual Intercourse with a Minor under Cal.Penal Code § 261.5. On November 13, 2000, Salas-Rivera filed a timely Notice of Appeal. We have jurisdiction under 28 U.S.C. §§ 1291 and 1294(1).

Salas-Rivera contends that his indictment was invalid because it failed to charge a voluntary entry.. However, we have held that indictments under § 1326 need not specifically charge a voluntary entry. United States v. Parga-Rosas, 238 F.3d 1209, 1213 (9th Cir.2001) (“[W]e have never suggested that the crime of ‘entry’ must be charged in order to charge the crime of being ‘found in.’ ”). Salas-Rivera acknowledges that Parga-Rosas decided an “identical claim” to his own, and calls upon this court to rehear this issue en banc. However, this…