United States v. Gerardo Reyes-Castro

SEYMOUR, Circuit Judge.

Gerardo Reyes-Castro was convicted of re-entry after deportation in violation of 8 U.S.C. § 1326 (1988). He appeals the district court’s order denying his motions to dismiss the indictment and to suppress evidence of the underlying deportation. He alleges that the Immigration and Naturalization Service (INS) erroneously classified his prior state conviction for attempted sexual abuse of a child as an “aggravated felony.” As a result, he claims his deportation was unlawful and his subsequent re-entry into the United States was not illegal. We affirm.

I

Mr. Reyes-Castro was…