Becerril-Lopez

I. Background

Becerril was apprehended just north of the border near San Ysidro on July 4, 2005. Because he had previously been deported in 1995, Becerril was subsequently indicted on charges of being a deported alien found in the United States in violation of 8 U.S.C. § 1326(a). He was convicted on this sole count after a jury trial.

At the sentencing hearing on December 12, 2005, the dis- trict court found that Becerril had a base offense level of 8 and imposed a 16-level enhancement under Sentencing Guidelines § 2L1.2(b) on the basis of a 1986 conviction for robbery under California Penal Code § 211. See 8 U.S.C. § 1326(b). He was sentenced to 100 months in prison (which was the low end of the applicable Guidelines range) and three years of supervised release. Becerril filed a timely notice of appeal.

II. The Conviction

A. The Motion to Dismiss the Indictment

Becerril first argues that the district court should have dis- missed the indictment because he was denied due process at UNITED STATES v. BECERRIL-LOPEZ 11917 the master calendar hearing preceding his 1995 deportation. We review de novo the district court’s denial of Becerril’s motion to dismiss on…