Aguirre-Calles

MEMORANDUM **

Antonio Aguirre-Calles appeals from his sentence imposed following his guilty plea to being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . Aguirre-Calles contends that the district court erred in enhancing his sentence based upon a removal subsequent to a prior conviction, where the date or fact of his prior removal was neither alleged in the indictment nor specifically admitted. We reject Aguirre-Calles’ contention that failure to allege the date or fact of his deportation in the indictment constitutes structural error. See United States v. Salazar-Lopez, 506 F.3d 748, 753 (9th Cir.2007). Moreover, the record contains overwhelming and uncontroverted evidence that Aguirre-Calles was deported subsequent to at least two of his convictions. Thus, any error by the district court would be harmless. See United States v. Zepeda-Martinez, 470 F.3d 909, 913 (9th Cir.2006).

The Presentence Report (PSR) stated that Aguirre-Calles had been deported fourteen times between July 13, 1972 and June 9, 2005 and convicted of multiple offenses, beginning in 1970, placing him in a criminal history category of V. The PSR specifically noted that…