Gonzalez

I. BACKGROUND

Gonzalez was indicted on one count of being an alien found in the United States after having been deported on January 18, 2000, and December 10, 1997, in violation of 8 U.S.C. § 1326. His motion to dismiss the indictment was denied. Gonzalez then entered a conditional guilty plea, reserving his right to appeal the district court’s denial of his motion to dis- miss the indictment. The district court accepted the plea and sentenced Gonzalez to a 46-month term of imprisonment and three years of supervised release. Gonzalez filed a timely notice of appeal.

A. The Underlying Removals

Gonzalez was born in Mexico, in 1976. He entered the United States with his parents illegally when he was three months old. His parents subsequently adjusted their status and became legal permanent residents (“LPR”). They did not UNITED STATES v. GONZALEZ 15615 adjust Gonzalez’s status at the time because they thought it would be easier to adjust it later. Gonzalez has six siblings, all of whom were born in the United States.

When Gonzalez was 14 years old, his parents consulted someone they thought was an attorney about adjusting Gonza- lez’s status. The attorney…