Flores-Sanchez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, No. 06-10026 v.  D.C. No.

CR-04-00802-DGC

JOSE FLORES-SANCHEZ, a.k.a. Jose Mendoza-Sanchez, OPINION Defendant-Appellant.  Appeal from the United States District Court for the District of Arizona David G. Campbell, District Judge, Presiding

Argued and Submitted January 9, 2007—San Francisco, California

Filed February 15, 2007

Before: Alfred T. Goodwin, A. Wallace Tashima, and William A. Fletcher, Circuit Judges.

Opinion by Judge Goodwin

1883 1886 UNITED STATES v. FLORES-SANCHEZ

COUNSEL

Atmore L. Baggot, Apache Junction, Arizona, for the defendant-appellant.

Emory T. Hurley, Assistant United States Attorney, Phoenix, Arizona, for the plaintiff-appellee.

OPINION

GOODWIN, Circuit Judge:

Jose Flores-Sanchez (“Sanchez”) appeals his conviction and sentence for illegal reentry after deportation in violation of 8 U.S.C. § 1326.1 He assigns error to: (1) denial of his motion to dismiss the indictments; (2) commencement of trial one day after his first appearance on the superseding indict-…