Montes-Aviles

MEMORANDUM **

Arturo Montes-Aviles appeals the 63-month sentence imposed following his guilty-plea conviction for attempted illegal entry after deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm, but remand to correct the judgment.

Montes-Aviles contends that the district court violated his Sixth Amendment rights by enhancing his sentence sixteen levels based on facts neither admitted by Montes-Aviles nor alleged in the indictment. These contentions lack merit. See *245 United States v. Mendoza-Zaragoza, 567 F.3d 431, 432 (9th Cir.2009); United States v. Grisel, 488 F.3d 844, 847 (9th Cir.2007) (en banc) (holding that date of prior conviction is part of “fact” of prior conviction for purposes of Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998)).

Nor did the district court commit Sixth Amendment error in calculating Montes-Aviles’s criminal history points. See United States v. Hernandez-Castro, 473 F.3d 1004, 1007 (9th Cir.2007).

Montes-Aviles further contends that the district court procedurally erred by failing to consider the sentencing factors of 18 U.S.C. § 3553 (a)…