United States v. Gilberto Rivera-Lopez

42 F.3d 1404 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gilberto RIVERA-LOPEZ, Defendant-Appellant. No. 93-50764. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 1, 1994. Decided Dec. 6, 1994. 1 Before: D.W. NELSON and NOONAN, Circuit Judges, and KING, * District Judge. 2 MEMORANDUM ** 3 Gilberto Rivera-Lopez appeals his conditional guilty plea conviction for being a deported alien found in the United States in violation of 8 U.S.C. Sec. 1326 . He argues: (1) the district court erred in denying his motion for dismissal of the indictment because his deportation proceedings were fundamentally unfair and/or lacked due process; and (2) the district court erred in denying his motion for dismissal in a pretrial motion. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , review de novo, United States v. Villa-Fabela, 882 F.2d 434, 437 (9th Cir.1989), overruled on other grounds, United States v.…