United States v. Manuel Beltran-Sanchez

42 F.3d 1403 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Manuel BELTRAN-SANCHEZ, Defendant-Appellant. No. 93-30335. United States Court of Appeals, Ninth Circuit. Submitted Nov. 2, 1994. * Decided Nov. 28, 1994. 1 Before: FLETCHER, D.W. NELSON, RYMER Circuit Judges. 2 MEMORANDUM ** OVERVIEW 3 Defendant-Appellant ("appellant") Manuel Beltran-Sanchez appeals his guilty plea conviction for re-entering the United States after having been deported, in violation of 8 U.S.C. Sec. 1326 (b)(2). Appellant claims that his deportation proceeding is a legal nullity for purposes of this criminal prosecution, because the Immigration and Naturalization Service ("INS") failed to provide him with notice of the deportation order and appellant's right to appeal. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm. 4 I. ACTUAL NOTICE OF RIGHT TO APPEAL ELIMINATES ANY PREJUDICE 5 Beltran-Sanchez's claims that defects in the underlying…