Serrano-Rodriguez

MEMORANDUM **

Jose Luis Serrano-Rodriguez appeals from the 65-month sentence imposed 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 , and we affirm.

Serrano-Rodriguez contends that the district court erred by failing to take into account an alleged delay in his prosecution for illegal reentry following his state conviction. We disagree. The record discloses that the district court considered and rejected Serrano-Rodriguez’s contentions regarding the alleged delay at sentencing.

Serrano-Rodriguez also contends that his Fifth and Sixth Amendment rights were violated because the district court enhanced his sentence based on a fact, that he was removed subsequent to a felony conviction, that was neither admitted nor proven beyond a reasonable doubt to a jury. However, Serrano-Rodriguez admitted pursuant to his guilty plea that he was removed from the United States in 1998. We therefore conclude that the district court did not make findings beyond the fact of a prior conviction when it determined that Serrano-Rodriguez was previously removed subsequent to…