Marmolejo-Hernandez

MEMORANDUM ***

Alejandro Marmolejo-Hernandez (“Mar-molejo-Hernandez”) appeals his conviction and sentence following his guilty plea to one count of being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 (a). The facts and prior proceedings are known to the parties; they are not recited herein, except as necessary. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

I.

Marmolejo-Hernandez first argues that the district court violated Fed.R.Crim.P. 11(f) by failing to determine if a sufficient factual basis existed to establish that he was an “alien,” which is an element of the offense under 8 U.S.C. § 1326 (a). We review the adequacy of a Rule 11 plea hearing de novo. United States v. Alber, 56 F.3d 1106, 1109 (9th Cir.1995). 1 At the plea hearing, the district court did not expressly ask Marmolejo-Hernandez whether he was a citizen of another country or territory. Nonetheless, MarmolejoHernandez acknowledged on the record at the hearing that he previously had been deported from the United States, and that he did not receive permission from either the Attorney General of the United States or…