United States v. Simon Covarrubias-Munoz

942 F.2d 794 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Simon COVARRUBIAS-MUNOZ, Defendant-Appellant. No. 91-50006. United States Court of Appeals, Ninth Circuit. Submitted Aug 12, 1991. * Decided Aug. 26, 1991. 1 Before CHAMBERS and WALLACE, Circuit Judges, and TANNER, ** District Judge. 2 MEMORANDUM *** I INTRODUCTION 3 Simon Covarrubias-Munoz appeals the legality of his sentence imposed by the district court following his plea of guilty to a one-count superseding information charging him with being a deported alien found within the United States in violation of 8 U.S.C. § 1326 . We review de novo the district court's interpretation of the guidelines. United States v. Carvajal, 905 F.2d 1292, 1294 (9th Cir.1990). We also review de novo challenges to the constitutionality of the guidelines. United States v. Brady, 895 F.2d 538, 539 (9th Cir.1990). We affirm. II FACTS AND PROCEDURAL HISTORY 4 Covarrubias-Munoz was…