Meza-Elizarraras

MEMORANDUM **

Jorge Meza-Elizarraras appeals from the conviction and 36-month sentence imposed following his guilty plea for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm and remand.

Meza-Elizarraras contends that the district court erred by denying his motion to dismiss the indictment based on invalid prior deportation proceedings. Because Meza-Elizarraras concedes he had actual notice of his 1995 deportation hearing, we conclude that the underlying in absentia deportation order was not “fundamentally unfair.” See United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1048 (9th Cir.2004); 8 U.S.C. § 1326 (d). We reject Meza-Elizarraras’s contention that the district court relied on clearly erroneous factual findings in reaching its conclusion. See United States v. Palafox-Mazon, 198 F.3d 1182, 1186 (9th Cir.2000). Accordingly, the conviction is affirmed.

We reject appellant’s contention that the enhancement for his prior felony conviction for a prior crime of violence was unconstitutional. See United States v. Beng-Salazar, 452 F.3d 1088, 1091 (9th Cir…