United States v. Augustine Hernandez-Lara

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Augustine HERNANDEZ-LARA, Defendant-Appellant. No. 90-50344. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 7 , 1991. Decided Aug. 15, 1991. Before PREGERSON, CYNTHIA HOLCOMB HALL and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Augustine Hernandez-Lara ("Appellant") appeals his conviction for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 (1988), and his sentence under the Sentencing Guidelines. We have jurisdiction pursuant to 28 U.S.C. § 1291 (1988), and affirm. I. 3 Appellant, who is a citizen of Mexico, was arrested on October 2, 1989, while crossing the international border near San Ysidro, California. While in custody, Appellant admitted that he had entered the United States illegally. Investigating officers determined that Appellant had at least five criminal convictions, and had been…