Salazar

MEMORANDUM ***

Ivan Carrillo-Salazar pleaded guilty to illegally reentering the United States after previously being deported, in violation of 8 U.S.C. § 1326 . Carrillo-Salazar now claims that his guilty plea should be vacated because it was not made in accordance with Fed.R.Crim.P. 11. He also claims a violation under Apprendi v. United States, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), because the district court enhanced his sentence due to prior felony convictions.

Carrillo-Salazar claims that during the plea colloquy the court violated Rule 11 because he was not apprised of all of the elements of the charge against him. When the prosecutor, at the district court’s request, listed the elements of the offense, she did not state that the government would need to prove that Carrillo-Salazar was found in the United States, which is an element of a § 1326 violation. See United States v. Hernandez, 189 F.3d 785, 790 (9th Cir.1999).

At three other times during the colloquy, however, the “found in” element was described. The district judge stated it when asking if Carrillo-Salazar understood the charge against him: “[Y]ou wish to enter a plea of guilty to the First…