United States v. Francisco Nieto-Juarez

39 F.3d 1189 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 NIETO-JUAREZ, Defendant-Appellant. No. 93-30469. United States Court of Appeals, Ninth Circuit. Submitted Oct. 17, 1994. * Decided Oct. 27, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Francisco Nieto-Juarez appeals his sentence of 60 months imprisonment following his guilty plea conviction for being present in the United States after a prior deportation in violation of 8 U.S.C. Sec. 1326 (a) and (b)(1). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm. 3 Nieto-Juarez was deported from the United States on December 11, 1991, after being convicted in state court of possession of heroin with intent to deliver. Upon deportation, Nieto-Juarez was given Immigration and Naturalization Form I-294, which stated that if he returned illegally to the United States he would be subject to no more than two years'…