Fabian-Garcia

MEMORANDUM **

Jose Fabian-Garcia appeals from the 46-month sentence imposed following his guilty-plea conviction for unlawful reentry by deported alien, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Fabian-Garcia contends that the sentence was not reasonable because the district court failed to address all relevant sentencing factors. A review of the record establishes that the district court did take into account the relevant sentencing factors and that the sentence imposed was not unreasonable. See United States v. Plouffe, 445 F.3d 1126, 1128 (9th Cir.), cert. denied, 547 U.S. 1158 , 126 S.Ct. 2314 , 164 L.Ed.2d 832 (2006).

Fabian-Garcia contends that the district court violated his rights under the Sixth Amendment by enhancing his sentence based on a prior conviction that was neither alleged in the indictment nor proven beyond a reasonable doubt. We disagree. The district court properly relied on a prior conviction to enhance the sentence. See United States v. Covian-Sandoval, 462 F.3d 1090, 1096-97 (9th Cir.2006). Furthermore, we conclude that any error resulting from the omission in the indictment of the prior…