United States v. Luna

LIPEZ, Circuit Judge.

This case requires us to analyze the statutory provision (8 U.S.C. § 1326(d)) that defines the circumstances under which a defendant charged with illegally reentering the United States after deportation may collaterally attack the validity of the removal order. 1 The defendant, Dagoberto Luna, appeals from the district court’s denial of his motion to dismiss his indictment for illegal reentry. The district court held that the defendant did not meet the requirements of § 1326(d). We affirm.

I

A. Luna’s Background and Deportation Proceedings

Luna, a citizen of the Dominican…