United States v. Filemon Arzate-Nunez

GOODWIN, Circuit Judge:

Filemon Arzate-Nunez appeals his guilty plea conviction of being an alien in the United States after deportation and conviction of an aggravated felony. 8 U.S.C. § 1326(b)(2). He argues that the district court erred in denying his motion to dismiss the indictment and in accepting his conditional guilty plea. We affirm.

I. FACTS & PROCEDURAL BACKGROUND

Arzate-Nunez is a citizen of Mexico who has spent significant time in the United States. In 1985, he was convicted in California state court of the sale or transportation of a narcotic, a felony under California Health &…