Garcia-Gonzalez

MEMORANDUM **

Fernando Garcia-Gonzalez appeals from the 41-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Garcia-Gonzalez contends that the district court erred in enhancing his sentence based upon his deportation subsequent to a prior conviction, where the date or fact of deportation was not admitted, or proven to a jury beyond a reasonable doubt. We conclude that the district court’s error was harmless in light of “overwhelming and uncontroverted” evidence in the record indicating that Garcia-Gonzalez was deported subsequent to his conviction for involuntary manslaughter. See United States v. Zepeda-Martinez, 470 F.3d 909, 913 (9th Cir.2006). We reject Garcia-Gonzalez’s contention that failure to allege the date or fact of deportation in the indictment constitutes structural error, see United States v. Jordan, 291 F.3d 1091, 1095 (9th Cir.2002), and conclude that any error was harmless, see United States v. Hollis, 490 F.3d 1149, 1155-57 (9th Cir.2007).

Garcia-Gonzalez also contends that, pursuant to the doctrine of avoidance…