Landeros-Vargas

MEMORANDUM *

Alfredo Landeros-Vargas (Landeros) appeals his conviction and sentence for being a deported alien “found in” the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

We conclude that the indictment was sufficient to charge an offense under 8 U.S.C. § 1326 , despite the fact that it did not allege voluntary reentry, because it “charges all statutory elements of the offense ... -that the defendant is an alien; had been deported; was subsequently *503 found in the United States; and did not have the Attorney General’s permission to reapply for admission.” See United States v. Pargar-Rosas, 238 F.3d 1209, 1211 (9th Cir.), cert. denied, — U.S. -, 122 S.Ct. 319 , 151 L.Ed.2d 238 (2001). Further, because Landeros was found well inside the border and free from official restraint, and has made no showing that his entry was involuntary, there is no basis for reversing his conviction on the ground that the government failed to allege a voluntary entry in the indictment. Id.

It is also unnecessary for an indictment under § 1326 to include an “allegation of wilfulness.”…