United States v. Selmo Fuentes-Fuentes

52 F.3d 335 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Selmo FUENTES-FUENTES, Defendant-Appellant. No. 94-50441. United States Court of Appeals, Ninth Circuit. Submitted April 4, 1995. * Decided April 7, 1995. Before: BROWNING, SNEED and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Selmo Fuentes-Fuentes appeals from his conviction, following a jury trial, for illegal reentry as a deported alien in violation of 8 U.S.C. Secs. 1326 (a) and (b)(2). Fuentes-Fuentes contends that (1) the prior deportation proceeding was unconstitutional; and (2) the district court erred in its jury instructions. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 A. Constitutionality of the Prior Deportation Proceeding 4 Fuentes-Fuentes contends that his prior deportation could not serve as a basis for his conviction under 8 U.S.C. Sec. 1326 because his waiver of the right to appeal the deportation order was not valid. This…