United States v. Cruz-Rodriguez

HOLMES, Circuit Judge.

Defendant-Appellant Arturo Cruz-Rodriguez was charged with one count of illegal reentry by a previously deported alien in violation of 8 U.S.C. § 1326. He was convicted by a jury and sentenced to seventy-seven months’ imprisonment. He appeals his conviction on the ground that the district court impermissibly expanded the scope of the indictment. Exercising jurisdiction under 28 U.S.C. § 1291, we con- elude that this argument was waived and AFFIRM the district court’s judgment.

I. BACKGROUND

In July 2006, Mr. Cruz-Rodriguez approached a federal immigration agent who was…