MEMORANDUM **

Salvador Chavez-Rivera appeals from the 60-month sentence for illegal reentry in violation of 8 U.S.C. § 1326, imposed upon resentencing following remand pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Chavez-Rivera contends that failure to allege the date of removal in his indictment constituted structural error. This contention is foreclosed by United States v. Salazar-Lopez, 506 F.3d 748, 752-55 (9th Cir. 2007). We conclude that the error was harmless in light of overwhelming and uncontroverted evidence of removal subsequent to conviction. See id. at 755-56.

Chavez-Rivera’s further contentions, that we should limit Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), to its facts under the doctrine of constitutional doubt, that Almendarez-Torres has been overruled, and that § 1326 is unconstitutional, are foreclosed. See Salazar-Lopez, 506 F.3d at 751 n. 3.

We deny the government’s request for judicial notice as moot.

AFFIRMED.