United States v. Francisco Ortega-Montalvo

BENTON, Circuit Judge.

Francisco G. Ortega-Montalvo was convicted of illegally re-entering the United States in violation of 8 U.S.C.§ 1326(a) and (b)(2). The district court 1 sentenced him to 51 months’ imprisonment. He' appeals the denial of his motion to suppress. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

In 2011, Ortega-Montalvo, a Mexican citizen illegally in the United States, was convicted of aggravated assault after shooting at a police officer. In 2013, he was deported and prohibited from re-entering.

In 2014, the U.S. Department of Homeland Security Investigations…