Beltran-Carranza

MEMORANDUM *

Jorge Beltran-Carranza (“Beltran”) pleaded guilty to violating 8 U.S.C. § 1326 , Reentry of Removed Alien. He challenges his 46-month sentence arguing that the district court improperly sentenced him *661 under § 1326(b) rather than § 1326(a), which carries a maximum sentence of two years. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Beltran pleaded guilty to being a previously removed alien found in the United States. During his plea colloquy he did not admit conviction for an aggravated felony, nor the date of his removal, and the indictment did not specify when he had been removed.

The crime of Reentry of Removed Alien carries a two-year maximum sentence under § 1326(a), but if the removal “was subsequent to a conviction for commission of an aggravated felony” the maximum sentence is increased to twenty years pursuant to § 1326(b)(2). Beltran argues that, for several reasons, because he did not admit he had been removed after conviction of an aggravated felony the district court erred in sentencing him under § 1326(b).

First, Beltran argues that although there was an allegation he had been convicted of kidnaping in 1992, this…