United States v. Francisco Mejia-Cendejas

29 F.3d 636 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 MEJIA-CENDEJAS, Defendant-Appellant. No. 93-50191. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 11, 1994. Decided June 21, 1994. Before: WALLACE, Chief Judge, FARRIS and KLEINFELD, Circuit Judges. MEMORANDUM 1 Mejia-Cendejas appeals from both his conviction and sentence for violating 8 U.S.C. Sec. 1326 (a), (b)(2) which provides for a sentence of up to 15 years when an alien who has been deported following a conviction for an aggravated felony is found in the United States. The district court had jurisdiction pursuant to 18 U.S.C. Sec. 3231 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 1291 and 18 U.S.C. Sec. 3742 . We affirm in part and remand in part. 2 Mejia-Cendejas first argues that the district court erred in assuming that under Federal Rule of Criminal Procedure 48(a) it lacked any discretion…