UNITED STATES of America, Plaintiff-Appellee, v. Jaime RODRIGUEZ, Defendant-Appellant, 320 F. App'x 700

MEMORANDUM Jaime Rodriguez appeals from the 51-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1826(a). We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm, but remand to correct the judgment. Rodriguez contends that his sentence must be vacated and remanded for re-sentencing due to the district court’s technical violation of Federal Rule of Criminal Procedure 32(e)(2). We conclude that the error did not affect his substantial rights. See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993).

We remand to the district court with directions to delete from the judgment of conviction the incorrect reference to 8 U.S.C. § 1326(b)(2). See United States v. Herrera-Bianco, 232 F.3d 715, 719 (9th Cir.2000) (remanding sua sponte to delete the reference to § 1326(b)). AFFIRMED; REMANDED to correct the judgment. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.