Court of Appeals for the Sixth Circuit May 6, 2003, 02-5109 (United States v. Rafael Perez-Olalde)

OPINION

SILER, Circuit Judge.

Defendant Rafael Perez-Olalde appeals his sentence of seventy months’ imprisonment. He argues that he cannot be sentenced under 8 U.S.C. § 1326(b)(2) when the indictment charges a violation of only 8 U.S.C. § 1326(a). He further argues that his sentence cannot be enhanced based on a prior conviction that was not included in the “Notice of Sentence Enhancement.