United States v. Eliazar Barraza

MEMORANDUM **

Eliazar Barraza appeals from the district court’s judgment and challenges his guilty-plea conviction and 72-month sentence for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Barraza first contends that the district court should have granted his motion to dismiss the indictment because California Health & Safety Code sections 11351 and 11377(a) — the statutes under which Barra-za was convicted in 2008, leading to his initial removal from the. United States— are not…