Gonzalez-Carvajal

MEMORANDUM **

Juan Gonzalez-Carvajal appeals from the 70-month sentence imposed by the district court following his jury-trial conviction for attempted re-entry after deportation, in violation of 8 U.S.C. § 1326 . We *658 have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Contrary to Gonzalez-Carvajal’s contention, his prior conviction for second degree robbery, in violation of California Penal Code § 211, is categorically a “crime of violence” for purposes of U.S.S.G. § 2L1.2(b)(l)(A)(ii). See United States v. Pereira-Salmeron, 337 F.3d 1148, 1151 (9th Cir.2003) (holding that offenses specifically listed as examples of crimes of violence in the commentary to U.S.S.G. § 2L1.2 are “inherently deemed” to be crimes of violence); United States v. McDougherty, 920 F.2d 569, 573-74 (9th Cir.1990).

Gonzalez-Carvajal further contends that it was error for the district court to increase the statutory maximum for his sentence because the indictment did not allege and he did not admit that he was previously removed subsequent to his prior conviction. We agree. The error, however, was harmless beyond a reasonable doubt given that there was evidence of Gonzalez-Carvajal’s prior…