United States v. Roberto Antonio Herrera-Elias, AKA Trini Antonio Marrokin

32 F.3d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roberto Antonio HERRERA-ELIAS, aka Trini Antonio Marrokin, Defendant-Appellant. No. 93-50838. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. * Decided Aug. 15, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Roberto Antonio Herrera-Elias appeals his 30-month sentence imposed following entry of a guilty plea to being present in the United States after a prior deportation, in violation of 8 U.S.C. Sec. 1326 (a), (b)(1). Herrera-Elias contends that the district court violated his due process rights by sentencing him to more than 24 months in custody. We have jurisdiction pursuant to 18 U.S.C. Sec. 1291 , and we affirm. 3 We review the legality of a sentence de novo. United States v. Fine, 975 F.2d 596, 599 (9th Cir.1993) (en banc). 4 Before deporting Herrera-Elias in 1989, the Immigration and Naturalization…