United States v. Arturo Mercado-Mejia

8 F.3d 32 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Arturo MERCADO-MEJIA, Defendant-Appellant. No. 93-50172. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1993. * Decided Oct. 20, 1993. Before: BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Arturo Mercado-Mejia appeals his 60-month sentence, following a guilty plea, for illegal reentry after deportation in violation of 8 U.S.C. § 1326 (a), (b)(1). Mercado-Mejia argues that the district court erroneously calculated his offense level by relying on a 1991 Oregon state conviction which resulted from an invalid guilty plea. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the voluntariness of a guilty plea, while we review for clear error the district court's factual findings regarding the prior conviction. United States v. Newman, 912 F.2d 1119, 1123 (9th Cir.1990). 4 When the government seeks…