Montes-Garcia

MEMORANDUM *

Saul Montes-Garcia appeals his conviction and sentence for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

Montes-Garcia’s argument that his indictment was legally insufficient is precluded by circuit law. United States v. Parga-Rosas, 238 F.3d 1209 (9th Cir.), cert. denied, 534 U.S. 942 , 122 S.Ct. 319 , 151 L.Ed.2d 238 (2001). Nothing in Unit *218 ed States v. Buckland, 289 F.3d 558 (9th Cir.2002) (en banc), alters the controlling effect of Parga-Rosas here. The indictment also adequately alleged the necessary mens rea for the charged offense. Pena-Cabanillas v. United States, 394 F.2d 785, 788-90 (9th Cir.1968).

The district court did not abuse its discretion in admitting the warrant and order of deportation into evidence. United States v. Hernandez-Herrera, 273 F.3d 1213, 1217-18 (9th Cir.2001) (citing United States v. Contreras, 63 F.3d 852, 857 (9th Cir.1995)).

The district court did not err in treating Montes-Garcia’s prior armed robbery conviction under California Penal Code § 211 as a “crime of…