Peraza-Carrillo

MEMORANDUM **

Juan Carlos Peraza-Carrillo appeals from the 52-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm, but remand to correct the judgment.

Peraza-Carrillo contends that the district court proeedurally erred by imposing a sentence that it considered “reasonable” rather than one that was “sufficient, but not greater than necessary” to accomplish the goals of sentencing under 18 U.S.C. § 3553 (a). We review for plain error, see United States v. Dallman, 533 F.3d 755, 761 (9th Cir.2008), and affirm because Per-aza-Carrillo has not established any error affected his substantial rights, see id. at 761-62 .

As Peraza-Carrillo acknowledges, his contention that the sentence violates Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), is foreclosed. See United States v. Garcia-Cardenas, 555 F.3d 1049, 1051 (9th Cir.2009) (per curiam).

We remand the case to the district court with instructions that it delete from the judgment the reference to 8 U.S.C. § 1326 (b). See United States v. Rivera-Sanchez, 222…