United States v. Rodriguez-Tomallo , 213 F. App'x 620 ( 2006 )

MEMORANDUM ^**

Manuel Rodriguez-Tomallo appeals from the 87-month sentence imposed following his guilty-plea 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.

Rodriguez-Tomallo contends that the district court erred by enhancing his sentence for a prior drug trafficking offense because the statute of conviction is over-broad. This contention is foreclosed by United States v. Morales-Perez, 467 F.3d 1219, 1223 (9th Cir.2006).

We reject Rodriguez-Tomallo’s contention that the enhancement was unconstitutional because the prior conviction was not alleged in the indictment, was not found by a jury, and was not admitted by him. See 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.