
    UNITED STATES of America, Plaintiff—Appellee, v. Armando NICOLAS-MARCIAL, Defendant—Appellant.
    No. 06-50327.
    United States Court of Appeals, Ninth Circuit.
    Submitted July 9, 2007.
    
    Filed July 20, 2007.
    USSD-Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
    Andrew Lah, Esq., FDSD-Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.
    Before: LEAVY, THOMAS, and BERZON, Circuit Judges.
    
      
       This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Armando Nicolas-Marcial appeals from the 57-month sentence imposed following his guilty-plea conviction for being a previously 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. We review de novo, United States v. Covian-Sandoval, 462 F.3d 1090, 1093 (9th Cir.2006), and we affirm.

Nicolas-Marcial contends that the district judge improperly relied upon a prior aggravated felony conviction, which was not admitted during the guilty plea, to enhance his sentence beyond the statutory maximum term under 8 U.S.C. § 1326(a). This contention is foreclosed by our holding in Covian-Sandoval. See id. at 1096-97.

AFFIRMED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     