United States v. Diaz-Guerrero

MEMORANDUM *

Angel Joel Diaz-Guerrero appeals his conviction and sentence for being an alien found in the United States following deportation in violation of 8 U.S.C. § 1326. He was sentenced to 77 months in custody and three years of supervised release. Before trial, Diaz-Guerro moved to dismiss the indictment, claiming that he had obtained derivative citizenship of the United States pursuant to 8 U.S.C. § 1432 (1982) through his mother’s naturalization. The district court denied the motion, ruling that because this was a factual dispute, and because the government had to prove that…