Cardenas-Olvera

MEMORANDUM **

Antonio Cardenas-Olvera appeals from his 46-month sentence imposed following a jury-trial conviction 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 remand.

Appellant contends that the fact of his prior convictions had to be proved to a jury beyond a reasonable doubt. However, this contention is foreclosed. See Unit *602 ed States v. Von Brown, 417 F.3d 1077, 1078-79 (9th Cir.2005).

Appellant also contends that the district court erred in finding that he qualified for an aggravated felony enhancement, pursuant to U.S.S.G. § 2L1.2(b)(l)(C), because the prior state conviction was a misdemeanor offense. Upon review of the record, we conclude that the prior offense qualifies as an aggravated felony, and district court did not err. See United States v. Vidal, 426 F.3d 1011, 1017 (9th Cir.2005); see also United States v. Alvarez-Gutierrez, 394 F.3d 1241, 1244-45 (9th Cir.2005) (noting there is • nothing that requires that a prior aggravated felony be defined as a felony, and not a misdemeanor, under state law).

Appellant also contends that the district court erred in…