United States v. Guillermo Lara-Aceves
Court of Appeals for the Ninth Circuit
1Opinion of the Court
WARDLAW, Circuit Judge:
Guillermo Lara-Aceves (“Lara”) appeals his judgment of conviction and sentencé received after entering a guilty plea tt> violating 8 U.S.C. § 1326, for being a deported alien found in the United States subsequent to conviction of an aggravated felony. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
In so doing, we reaffirm United States v. Robles-Sandoval, 637 F.2d 692 (9th Cir.1981), which held that the use of a prior deportation proceeding as an element of the criminal offense of reentry under 8 U.S.C. § 1326 does not violate the Fifth Amendment to…
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