Estrada-Torres

Marcelo Estrada-Torres seeks dismissal of his indictment for illegally entering the United States in violation of 8 U.S.C. § 1326 . Alternatively, he argues that the district court erred by imposing a sixteen-level sentence" enhancement under U.S.S.G. § 2L1.2(b)(l)(A).

I.

Estrada-Torres entered the United States in the late 1980s and became a legal permanent resident soon thereafter. In August 1996, he pled guilty to violating Cal. Health & Safety Code § 11360 (a) (unlawful transportation, importation, sale, or gift of marijuana). On October 4, 1996, he was served with an Order to Show Cause and Notice of Hearing alleging he was deportable because he had been convicted-of violating a law relating to a controlled substance. See 8 U.S.C. § 1251 (a)(ll) (1997) (amended and transferred to 8 U.S.C. § 1227 (a)(2)(B)).

At a deportation hearing held on October 10, 1996, an immigration judge ordered Estrada-Torres deported. On May 1, 1997, Estrada-Torres was arrested by California police for drinking in public. On August 20, 1997, he was indicted as a previously deported alien found in the United States under 8 U.S.C. § 1326 (a) and (b)(2). 2 He entered a conditional *778 guilty plea,…