United States v. Francisco Aguilar-Almendarez

990 F.2d 1261 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Francisco AGUILAR-ALMENDAREZ, Defendant-Appellant. No. 92-30221. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1992. * Decided March 16, 1993. Before CHOY, SNEED and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Aguilar-Almendarez was convicted of re-entering this country after deportation in violation of 8 U.S.C. § 1326 . He appeals from the denial of his motion to dismiss the indictment, arguing that the underlying deportation was unlawful and therefore could not be used to establish the deportation element of the § 1326 offense. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 In August 1991, an Immigration Judge (IJ) deported Aguilar-Almendarez pursuant to 8 U.S.C. § 1251 (a)(2) (Supp.1991), which provides that an alien is deportable who is convicted of crimes involving moral turpitude or crimes related…