United States v. Omar Dominguez-Valencia

MEMORANDUM **

Omar Dominguez-Valencia appeals his conviction following a bench trial and sentence for attempted entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

1. The district court did not err in denying Dominguez-Valencia’s motion under 8 U.S.C. § 1326(d) to dismiss the indictment. A claim that a defect in a previous removal proceeding prevents reliance on the final removal order in a later 8 U.S.C. § 1326 proceeding is reviewed de novo. United States v. Reyes-Bonilla, 671 F.3d 1036, 1042 (9th Cir.2012). We review the district…