United States of America v. Arturo Altamirano

61 F.3d 912 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Arturo ALTAMIRANO, Defendant - Appellant. No. 94-50469. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 9, 1995. Decided July 18, 1995. Before: WALLACE, Chief Judge, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Arturo Altamirano appeals from his conviction pursuant to a conditional plea of guilty to being a deported alien found in the United States in violation of 18 U.S.C. Sec. 1326 on the grounds that the district court erred in determining that his prior deportations were valid and in denying his motion to dismiss the indictment and for additional discovery on the basis of selective prosecution. We have jurisdiction and affirm the determination of the validity of the deportations and remand for reconsideration of the denial of discovery. 3 * Altamirano contends that his deportation in 1989 was invalid because his waiver of the…