United States v. Jose Villalobos-Diaz

983 F.2d 1080 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose VILLALOBOS-DIAZ, Defendant-Appellant. No. 92-30149. United States Court of Appeals, Ninth Circuit. Submitted Jan. 8, 1993. * Decided Jan. 15, 1993. Before D.W. NELSON, TROTT and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Jose Villalobos-Diaz ("Villalobos") appeals his conviction for reentering the United States after having been arrested and deported, in violation of 8 U.S.C. § 1326 . Villalobos entered a conditional guilty plea to a superseding information charging him with being found in the United States after having been deported on May 9, 1989, following a felony drug conviction. Pursuant to Fed.R.Crim.P. 11(a)(2), Villalobos reserved his right to appeal from a pretrial order denying his motion to dismiss for lack of a lawful prior deportation. 1 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 Villalobos and three others were…