United States v. Calderon-Pena

JERRY E. SMITH, Circuit Judge:

Pedro Calderon-Pena was convicted of illegal reentry of a removed alien under 8 U.S.C. § 1326. He challenges his conviction, arguing that the underlying indictment was invalid because the prior removal order violated his due process rights. He also challenges his sentence, contending that his prior conviction for endangering a child was not a crime of violence under the sentencing guidelines, or alternatively that the use of the 2001 version of the guidelines violated the ex post facto clause of the Constitution. We affirm the conviction and sentence.

*323I.

In 1999,…