United States v. Oscar Garcia-Hernandez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 08-50190 Plaintiff-Appellee, v.  D.C. No. 3:07-cr-02383-L-

OSCAR JAVIER GARCIA-HERNANDEZ,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Southern District of California M. James Lorenz, District Judge, Presiding

Submitted February 10, 2009* Pasadena, California

Filed June 25, 2009

Before: Andrew J. Kleinfeld, Carlos T. Bea, and Sandra S. Ikuta, Circuit Judges.

Opinion by Judge Ikuta

*The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Devin J. Burstein, San Diego, California, for the defendant- appellant.

Aaron B. Clark, San Diego, California, for the plaintiff- appellee.

OPINION

IKUTA, Circuit Judge:

Oscar Javier Garcia-Hernandez appeals his conviction for illegal reentry under 18 U.S.C. § 1326, which provides an enhanced maximum sentence for an alien who was removed from the United States after being convicted of a felony. Gar- cia argues that the indictment was legally insufficient to sup- port his enhanced…