Paudencio-Castaneda

MEMORANDUM **

Martin Paudencio-Castaneda appeals from his sentence of 21 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 *598 have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Paudencio-Castaneda contends that the district court erred by making factual findings concerning the date of removal in order to increase his sentence pursuant to 8 U.S.C. § 1326 . We conclude that there was error, but it was harmless. See United States v. Zepeda-Martinez, 470 F.3d 909, 913 (9th Cir.2006).

Paudencio-Castaneda also contends that the district court violated his Sixth Amendment rights by imposing a sentence above the advisory Guidelines range of 6-12 months pursuant to U.S.S.G. § 2L1.2 based on facts that were neither found by a jury nor admitted by him. This contention lacks merit. See United States v. Booker, 543 U.S. 220, 233 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005).

In addition, Paudencio-Castaneda contends that it was error for the district court to increase his sentence pursuant to 8 U.S.C. § 1326 (b) because the indictment did not allege that he was previously removed…