United States v. Balderas

MEMORANDUM **

Rafael Balderas, a citizen of Mexico, appeals his jury conviction and sentence for being a deported alien found in the United States in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742. We affirm.

We affirm the district court’s decision to deny the motion to dismiss § 1326 indictment. The Immigration Judge failed to make a voluntariness determination, as required by 8 C.F.R. § 1003.25(b). However, assuming that this error violated Balderas’ due process rights, Balderas failed to show any prejudice, because he has no plausible grounds…