United States v. Rodriguez-Bravo , 205 F. App'x 604 ( 2006 )

MEMORANDUM ^**

Antonio Rodriguez-Bravo appeals from his conviction and 96-month sentence 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.

Rodriguez-Bravo contends that the indictment was defective because it failed to charge him with knowing that he was in the United States. However, when charging a defendant with being found in the United States in violation of § 1326, the Government is not required to expressly allege in the indictment that the defendant knew he was in the United States. United States v. Salazar-Gonzalez, 458 F.3d 851, 855 (9th Cir.2006); United States v. Rivera-Sillas, 417 F.3d 1014, 1020-21 (9th Cir.2005). It is sufficient to allege, as the Government did in the instant case, that the defendant is a deported alien subsequently found in the United States without permission. See Riverar-Sillas, 417 F.3d at 1020-21.

Rodriguez-Bravo also contends that § 1326(b)(2) is unconstitutional because it raises the statutory maximum sentence from 2 years to 20 years when a judge, rather than a jury, finds that the defendant’s removal was subsequent to the commission of an aggravated felony. This argument is foreclosed by United States v. Beng-Salazar, 452 F.3d 1088, 1091 (9th Cir.2006).

AFFIRMED.

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.