Valencia

MEMORANDUM *

Heriberto Valencia pled guilty to illegal reentry after deportation, 8 U.S.C. § 1326 (a), and was sentenced to thirty-seven months in prison. He challenges the adequacy of his plea colloquy with the magistrate judge and the eight-level aggravated felony sentencing enhancement imposed by the district court. Because Valencia did not make either of these arguments in the district court, we review for plain error. See United States v. Pena, 314 F.3d 1152, 1155 (9th Cir.2003); United States v. Jimenez, 258 F.3d 1120, 1124-25 (9th Cir.2001). We affirm Valencia’s conviction but vacate his sentence and remand for resentencing on an open record.

I.

Having carefully reviewed the transcript of Valencia’s change of plea hearing, we conclude that the magistrate judge adequately explained the nature of the offense charged and the maximum possible penalty. Fed.R.Crim.P. 11(b)(1)(G), (H). The magistrate judge confirmed that Valencia understood the elements of the crime of illegal reentry after deportation. 8 U.S.C. § 1326 (a). See also United States v. Godinez-Rabadan, 289 F.3d 630, 632-33 (9th Cir.2002) (listing the elements of a § 1326(a) violation), cert. denied, 537 U.S. 917 ,…