Ramirez-Cruz

MEMORANDUM **

Luis Ramirez-Cruz appeals from the 57-month sentence imposed following his guilty plea to a violation of 8 U.S.C. § 1326 (a), as enhanced by (b)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the sentence and remand.

Ramirez-Cruz 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. Weiland, 420 F.3d 1062 , 1079 n. 16 (9th Cir.2005).

Although Ramirez-Cruz’s sentence was imposed prior to the Supreme Court decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), there was no violation of the Sixth Amendment because the district court adequately conveyed that it would impose the same sentence in the absence of mandatory sentencing enhancements, its sentence was reasonable, and its sentence considered adequately the factors of 18 U.S.C. § 3553 (a). See United States v. Knows His Gun, 438 F.3d 913, 918 (9th Cir.2006) (finding no constitutional Booker error where “the…