Campos-Herrera

MEMORANDUM **

Roberto Campos-Herrera appeals from the 60-month sentence imposed by the district court following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 .

Campos-Herrera contends that his attorney’s failure at sentencing to challenge the application of 8 U.S.C. § 1326 (b) based on Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), constituted ineffective assistance of counsel. We conclude that the record is sufficiently developed to allow us to consider and to reject Campos-Herrera’s ineffective assistance of counsel claim on direct appeal. See United States v. Labrada-Bustamante, 428 F.3d 1252, 1260-61 (9th Cir.2005). Campos-Herrera admitted pursuant to his guilty plea that he was removed on a date subsequent to the felony conviction used to enhance his sentence. Because the district court explicitly acknowledged that the removal date was not alleged in the indictment, Campos-Herrera cannot show a reasonable probability that the result of the proceeding would have been different had his counsel raised the issue. See Strickland…