United States v. Esteban Linares

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Esteban LINARES, Defendant-Appellant. No. 93-50353. United States Court of Appeals, Ninth Circuit. Submitted March 11, 1994. * Decided June 22, 1994. Before: WALLACE, Chief Judge, FARRIS and KLEINFELD, Circuit Judges. MEMORANDUM 1 Linares appeals from his judgment of conviction following his sentence of 71 months' imprisonment as a result of his guilty plea to being present in the United States after prior deportations in violation of 8 U.S.C. Sec. 1326 (a), (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, Linares 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, although the statutory maximum sentence had been…