Oliva-Del Cid v. United States

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION UNITED STATES OF AMERICA ) ) v. ) Cause No. 1:20-CR-52-HAB ) 1:21-CV-445-HAB MARVIN E. OLIVA-DEL CID ) OPINION AND ORDER Defendant pleaded guilty to illegal re-entry, in violation of

8 U.S.C. § 1326

(the “Statute”). He did not appeal his conviction or sentence. Instead, six months after sentencing, Defendant moved to vacate under

28 U.S.C. § 2255

arguing that the Statute is unconstitutional. The Court doubts Defendant’s argument but need not reach it. Defendant forfeited his constitutional argument by failing to raise…