United States v. Oscar Morales

28 F.3d 109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Oscar MORALES, Defendant-Appellant. No. 93-50263. United States Court of Appeals, Ninth Circuit. Submitted March 11, 1994. * Decided June 23, 1994. Before: WALLACE, Chief Judge, FARRIS and KLEINFELD, Circuit Judges. MEMORANDUM 1 Morales appeals from his sentence of 77 months' imprisonment following his guilty plea to being present in the United States after prior deportations in violation of 8 U.S.C. Sec. 1326 (a), (b)(1), (b)(2). The district court had jurisdiction pursuant to 18 U.S.C. Sec. 3231 . We have jurisdiction over this timely appeal pursuant to 18 U.S.C. Sec. 3742 . We affirm. 2 Upon his deportations, Morales was given Immigration and Naturalization Service Form I-294 which stated that if he returned illegally he would be subject to no more than two years' imprisonment. The statutory maximum sentence had been increased to 15 years' imprisonment. Morales…