United States v. Mariano Robles-Sandoval

This appeal is taken from conviction of the crime of illegal re-entry to the United States after deportation, a violation of Title 8 U.S.C. § 1326 .

On May 17, 1979, appellant was deported from the United States to Mexico. On April 2, 1980, he was indicted by a federal grand jury in Phoenix, Arizona, for illegal re-entry. He filed a motion to dismiss the indictment on the ground that § 1326 is unconstitutional. The motion was denied. The case was tried to the court on stipulated facts, and defendant was found guilty. This appeal followed.

On appeal, appellant renews his contention that § 1326 is unconstitutional as a violation of his right to due process under the Fifth Amendment to the United States Constitution. He does not challenge the constitutionality of the administrative proceeding which led to his concededly valid deportation in May, 1979. Rather he argues that because the deportation hearing did not meet the strict standards of criminal due process, the deportation is invalid for the purpose of forming the sole basis to support guilt or enhance punishment in a subsequent criminal proceeding under § 1326. Appellant argues by analogy to those cases holding that…