Martinez

MEMORANDUM ***

Daniel S. Martinez appeals his conviction and sentence for one count of being an illegal alien found in the United States *825 following deportation, 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.

Martinez contends that the district court erred by denying his motion for a judgment of acquittal. He specifically claims that the government failed to prove beyond a reasonable doubt that he was found in the United States on February 22, 1999, the date alleged in the indictment. We review de novo, United States v. Mendoza, 244 F.3d 1037, 1042 (9th Cir.), cert. denied, — U.S. -, 122 S.Ct. 221 , — L.Ed.2d - (2001), and find Martinez’s contention unpersuasive.

The date on which Martinez was found is not an element of § 1326(a). Cf. United States v. Parga-Rosas, 238 F.3d 1209, 1213-14 (9th Cir.), cert. denied, — U.S. -, 122 S.Ct. 319 , — L.Ed.2d - (2001); United States v. Ramos-Oseguera, 120 F.3d 1028, 1035 (9th Cir.1997) (stating that variance in date is not reversible error unless túne is a material element of the charged offense), overruled on other grounds by United States v. Nordby, 225 F.3d…