United States v. Jose Ramirez-Valencia, A.K.A. Rodolfo Ramirez-Valencia, A.K.A. Don Enrique, A.K.A. Jose Ramiro-Ramirez

I. OVERVIEW

Defendant-Appellant Jose Ramirez-Valencia pleaded guilty to being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. The court sentenced him to a prison term of fifty-seven months plus three years of supervised release. Defendant argues that (1) the government should be estopped from prosecuting him where he relied on a form given him by the Immigration and Naturalization Service (“INS”) which incorrectly stated that he would be guilty of a felony if he reentered the United States within five years, and (2) the court erroneously applied sentencing…