Lopez-Caballero

MEMORANDUM **

Juan Lopez-Caballero appeals from the district court’s judgment and 63-month sentence imposed following a guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 (a) as enhanced by (b)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Lopez-Caballero contends that the district court violated his Sixth Amendment rights by imposing a sentence in excess of the 24-month statutory maximum of section 1326(a), because Lopez- *556 Caballero did not admit his prior conviction or date of deportation. We disagree. See Almendarez-Torres v. United States, 523 U.S. 224, 247 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) (allowing judicial finding of a prior conviction for purposes of increasing the statutory maximum sentence); see also United States v. Salazar-Gonzalez, 445 F.3d 1208, 1215 (9th Cir.2006) (rejecting defendant’s contention that “enhancement was inappropriate because the government did not allege, nor did [the defendant] admit, the date of his deportation”).

Lopez-Caballero also contends that the district court’s reliance on AlmendarezTorres is misplaced because AlmendarezTorres has been either…