Martinez-Vitela
United States v. Martinez-Vitela
Opinion
Lead Opinion
Trott, J.
ORDER
The opinion filed July 19,1999, is hereby withdrawn.
OPINION
OVERVIEW
Raymundo Martinez-Vitela (“Martinez-Vitela”) appeals his conviction, pursuant to a conditional guilty plea, for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . The charge was based on a summary deportation proceeding that reinstated a prior deportation order. On appeal, Martinez-Vitela argues that the district court erred in holding that (1) the reinstatement of deportation constituted a deportation or removal within the requirements of 8 U.S.C. § 1326 (a); (2) the reinstatement of deportation comports with due process; and (3) admission of the prior deportation did not violate Rule 404(b) of the Federal Rules of Evidence.
We' have jurisdiction pursuant to 28 U.S.C. § 1291 . Here we need hold only that if the underlying deportation or removal proceeding, which is being reinstated, satisfied due process, and the individual previously deported has acknowledged that he again entered the country illegally, the reinstatement procedures provided for *1050 in 8 U.S.C. § 1231 (a)(5) and 8 C.F.R. § 241.8 also satisfy due process.