Fernandez-Gamez

MEMORANDUM **

Gorgonio Fernandez-Gamez appeals his 51-month sentence imposed following his guilty plea to being found in the United States after illegal re-entry, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Fernandez-Gamez contends that the district court violated his constitutional rights by imposing a sentence in excess of the two-year maximum set forth in 8 U.S.C. § 1326 (a) based on a prior conviction that was neither proved to a jury nor admitted during the plea colloquy. This contention is foreclosed by United States v. Beng-Salazar, 452 F.3d 1088, 1091 (9th Cir. 2006).

We also reject Fernandez-Gamez’s contention that the enhanced sentenced was inappropriate because the government did not allege that the date of his deportation was subsequent to his prior conviction. See United States v. Castillo-Rivera, 244 F.3d 1020, 1024-25 (9th Cir.2001); see also United States v. Hernandez-Hernandez, *609 431 F.3d 1212, 1216-17 (9th Cir.2005) (rejecting a Sixth Amendment challenge where the indictment did not specify that the deportation was subsequent to the predicate conviction). In the plea agreement and at the plea…