Macias-Llamas

MEMORANDUM **

Alfredo Macias-Llamas appeals from his conviction and 36-month sentence imposed *961 following a guilty plea to being an illegal alien found in the United States after having been deported, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Macias-Llamas contends that following Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), the district court’s admission of a Certificate of Non-Existence of Records and a Departure Verification violated his Sixth Amendment right to confrontation. Because neither of these documents is testimonial in nature, their admission did not violate the Confrontation Clause. See United States v. Cervantes-Flores, 421 F.3d 825, 834 (9th Cir.2005), cert. denied, — U.S. -, 126 S.Ct. 1911 , 164 L.Ed.2d 668 (2006); United States v. Bahena-Cardenas, 411 F.3d 1067, 1074-75 (9th Cir.2005), cert. denied, — U.S. -, 126 S.Ct. 1652 , 164 L.Ed.2d 398 (2006). The district court’s admission of these documents was thus proper.

Macias-Llamas next contends that the district court erred in sentencing him pursuant to 8 U.S.C. § 1326 (b)(2) to more than the two-year statutory maximum…