Rios-Reyes

MEMORANDUM **

Bonfacio Rios-Reyes appeals from the 57-month sentence imposed following his guilty-plea 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 affirm.

Rios-Reyes contends that the district court erred by enhancing his sentence based upon a finding that he was deported subsequent to a prior felony conviction. Because the fact of the subsequent removal was neither admitted by Rios-Reyes pursuant to his guilty plea nor proven to a jury beyond a reasonable doubt, we agree that the enhanced sentence violated Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). See United States v. CovianSandoval, 462 F.3d 1090, 1096-97 (9th Cir.2006). However, uncontroverted evidence in the presentence report established that Rios-Reyes was removed after his prior conviction. We therefore conclude that *602 the district court’s error was harmless. See United States v. Zepeda-Martinez, 470 F.3d 909, 913 (9th Cir.2006) (holding that Apprendi error is harmless “if the court finds beyond a reasonable doubt that the result would have been the same absent the…