Maytorena-Galeana

MEMORANDUM **

Jonathan Maytorena-Galeana appeals his 41-month sentence imposed following his conditional 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.

Maytorena-Galeana first 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). Moreover, in his plea agreement and at the plea colloquy, Maytorena-Galeana admitted that he had been deported on April 8, 2002, which was subsequent to his January 17, 2001 drug conviction.

Maytorena-Galeana next contends that the district court erred by denying his motion to suppress, under Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), two warrants of removal/deportation and a certificate of nonexistence of record (“CNR”). As Maytorena-Galeana concedes, this contention is foreclosed by United…