United States v. Carlos Vega

MEMORANDUM

Carlos Franco Vega appeals: (1) the district court’s order denying his motion to dismiss a charge of illegal reentry after deportation in violation of 8 U.S.C. § 1326 ; (2) the district court’s conclusion that his prior drug conviction triggered a 16-level sentence enhancement; and (3) the district court’s denial of his request for a sentence reduction for acceptance of responsibility. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court’s order.

1. “We review de novo the district court’s denial of a motion to dismiss an indictment under 8 U.S.C. § 1326 when the motion is based on an alleged deprivation of due process in the underlying removal proceedings!.]” United States v. Hernandez-Arias, 757 F.3d 874, 879 (9th Cir.2014) (internal quotation marks omitted). The district court did not err by denying Vega’s motion to dismiss his illegal reentry indictment. Vega concedes in his reply brief that Coronado v. Holder, 759 F.3d 977 (9th Cir.2014), forecloses his argument that he was not removable as charged. See United States v. Torre-Jimenez, 771 F.3d 1163, 1167 (9th Cir.2014).

Vega’s alternative argument challenging his conviction for unlawful…