United States v. Marco Garcia-Echaverria

OPINION

MOORE, Circuit Judge.

Defendant-Appellant, Marco Garcia-Echaverria (“Garcia-Echaverria”), appeals his conviction pursuant to a conditional guilty plea for “Unlawful Reentry by an Illegal Alien,” in violation of 8 U.S.C. § 1326(b). On appeal, Garcia-Echaverria argues that his conviction for unlawful reentry should be vacated because (1) his initial removal was unlawful, because at the time he was removed, the Kentucky drug conviction for which he was removed was on direct appeal; (2) his initial removal violated due process because at the time he was removed, his petition for review of…