Hernandez-Oregel

MEMORANDUM **

Alberto Hernandez-Oregel appeals from the 90-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 under 28 U.S.C. § 1291 , and we affirm.

Hernandez-Oregel contends, for the first time on appeal, that the district court erred by enhancing his sentence under 18 U.S.C. § 1326 (b) because the government never provided the court with the statute of his prior conviction. We take judicial notice of the abstract of judgment for Hernandez-Oregel’s 1981 conviction for assault with a deadly weapon, in violation of California Penal Code § 245(a), a categorical felony crime of violence that qualified Hernandez-Oregel for a sentencing enhancement under section 1326(b). See United States v. Heron-Salinas, 566 F.3d 898, 899 (9th Cir.2009); see also United States v. Black, 482 F.3d 1035, 1041 (9th Cir.2007).

Hernandez-Oregel also contends that Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 *261 (1998), should be overruled. As he concedes, this contention fails. See Agostini v. Felton, 521 U.S. 203, 237 , 117 S.Ct. 1997 , 138…