United States v. Esparza-Mendoza

TYMKOVICH, Circuit Judge.

Jorge Esparza-Mendoza appeals his conviction on one count of violating 8 U.S:C. § 1326, which prohibits previously deported aliens from reentering the United States. Esparza-Mendoza has not contested that he had been previously deported following a felony conviction for possession of cocaine in 1999, that he did not have the express consent of the Attorney General to return, and that his presence in this country was thus in violation of § 1326. Esparza-Mendoza’s only argument has been that the evidence used to support the charge and conviction was obtained in…