Placencia-Medina

MEMORANDUM **

Gilberto Placencia-Medina appeals from his sentence of 18 months in prison and three years of supervised release 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.

Placencia-Medina contends that the district court violated Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), when it enhanced his sentence pursuant to 8 U.S.C. § 1326 (b) because the indictment did not allege the temporal relationship between the prior removal and prior conviction, and he did not admit, and a jury did not find, the temporal relationship. We agree. See United States v. Zepeda-Martinez, 470 F.3d 909, 913 (9th Cir.2006); United States v. Salazar-Lopez, 506 F.3d 748, 751-55 (9th Cir.2007). However, the error was harmless because the record shows that Placencia-Medina was removed subsequent to his prior conviction. See Zepeda-Martinez, 470 F.3d at 913-14 .

Placencia-Medina also contends that the temporal relationship is an element of a 8 U.S.C. § 1326 offense and that the indictment therefore failed to allege an element of the offense. He is incorrect. See…