Alejandre-Alcaraz

MEMORANDUM **

Pedro Alejandre-Alcaraz appeals from the 10-month term of imprisonment and three-year term of supervised release imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

As a preliminary matter, we decline the government’s request to dismiss this appeal for failure to timely serve the Opening Brief because we previously granted Alejandre-Alearaz’s motion for an extension of time. See 9th Cir. R. 31-2.2.

Alejandre-Alcaraz contends that the statutory maximum sentence for a § 1326 violation is two years of custody and one year of supervised release. As Alejandre-Alcaraz acknowledges, this contention is foreclosed. See United States v. Covian-Sandoval, 462 F.3d 1090, 1096-97 (9th Cir.2006).

Alejandre-Alcaraz also contends that the district court violated his due process rights and miscalculated his Criminal History Category by assessing two criminal history points, pursuant to U.S.S.G. § 4Al.l(d), for committing the instant offense while a probation violation warrant was outstanding, without making a finding that he had…