United States v. Jose Arnolfo Calles-Pineda

Jose Calles-Pineda appeals his conviction for entering the United States after deportation in violation of 8 U.S.C. § 1326. 1 We affirm.

Calles-Pineda defended by collaterally attacking on due process grounds the two deportations underlying the section 1326 charge. A well-established Ninth Circuit rule permits such a defense in criminal prosecutions. United States v. Rangel-Gonzales, 617 F.2d 529, 530 (9th Cir. 1980); United States v. Gasca-Kraft, 522 F.2d 149, 152 (9th Cir. 1975). The government challenges the validity of our rule in light of Lewis v. United States, 445 U.S. 55, 100 S.Ct.…