United States v. Braulio Gonzalez-Tejeda

MEMORANDUM ***

Defendant Braulio Gonzalez-Tejeda appeals the district court’s denial of his 8 U.S.C. § 1326(d) motion to dismiss the indictment. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm the conviction.

The district court did not err when it considered judicially noticeable conviction documents not admitted at the removal hearing to decide whether the defendant had a plausible claim for relief from removal, ie., whether the defendant was removable as charged for having committed a drug trafficking aggravated felony. United States v. Bustos-Ochoa, 704 F.3d 1053, 1056-57 (9th…