Meda-Rodriguez

MEMORANDUM **

Ruben Meda-Rodriguez appeals from his sentence of 63 months in prison and three years of supervised release following his 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.

Meda-Rodriguez contends that the district court erred by relying on an allegedly illegal deportation to increase his sentence pursuant to 8 U.S.C. § 1326 (b). We disagree. See United States v. Diaz-Luevano, 494 F.3d 1159 (9th Cir.2007) (per curiam); Morales-Izquierdo v. Gonzales, 486 F.3d 484, 495-98 (9th Cir.2007) (en banc).

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

Meda-Rodriguez contends that it was error for the district court to increase the statutory maximum for Meda-Rodriguez’s sentence because the indictment did not allege that he was previously deported subsequent to his prior conviction. We conclude…