Delgado-Guerra

MEMORANDUM **

Jorge Luis Delgado-Guerra appeals his conviction and 84-month sentence for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part and remand in part.

Delgado-Guerra contends that he did not knowingly and intelligently waive his right to counsel because the district court failed to fully advise him of the three elements of self-representation. We conclude that the record as a whole demonstrates that Delgado-Guerra’s waiver was voluntary and intelligent. See United States v. Hernandez, 203 F.3d 614 , 624 n.13 (9th Cir.2000) (stating that when a district court grants a defendant the right *205 to represent himself, a limited exception exists whereby a district court’s failure to discuss each of the elements in open court will not necessitate automatic reversal if the record as a whole reveals a knowing and intelligent waiver).

Delgado-Guerra also contends that the district court erred by enhancing his sentence based on a prior felony conviction that was not pled and proven at trial in violation of Apprendi v. New Jersey, 580 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d…