United States v. Maurilio Garza-Sanchez

GOULD, Circuit Judge:

Maurilio Garza-Sanchez (“Garza”) appeals his conviction of being an alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. He contends that the underlying deportation was unlawful and cannot be used to support his conviction under § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291. We hold that Garza validly waived the right to appeal his deportation, and cannot collaterally attack it now. Accordingly, we affirm.

FACTS AND PROCEDURAL HISTORY

In 1994, Garza was convicted of possession of a controlled substance, robbery, and possession…