Garcia-Mendez

MEMORANDUM **

Jose Garcia-Mendez appeals from the 63-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the sentence and remand with instructions to correct the judgment.

Garcia-Mendez 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 set forth in § 1326(a), and that in light of subsequent Supreme Court decisions, Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), is not binding precedent. These contentions are foreclosed. See United States v. Beng-Salazar, 452 F.3d 1088, 1091 (9th Cir.2006).

Garcia-Mendez’s contention that the district court plainly erred in requiring him to submit to drug and alcohol testing “as instructed by the probation officer” is also foreclosed. See United States v. Maciel-Vasquez, 458 F.3d 994, 996 (9th Cir.2006).

Finally, Garcia-Mendez contends that the written judgment must be modified to conform to the oral pronouncement because the judgment includes two conditions of supervised…