United States v. Juvenal Vega-Soto

70 F.3d 1281 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Juvenal VEGA-SOTO, Defendant-Appellant. No. 94-50544. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1995. * Decided Dec. 4, 1995. Before: FARRIS, BRUNETTI and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Juvenal Vega-Soto appeals his conviction of being "found in" the United States after a prior arrest and deportation in violation of 8 U.S.C. Sec. 1326 . We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm. A. Constitutionality of Section 1326 3 Section 1326 is not void for vagueness because its plain meaning is obvious to a person of ordinary intelligence: "[t]o avoid being 'found in' the United States, a deported alien can either not re-enter the United States or, if he has already re-entered the United States, he can leave." Ayala, 35 F.3d at 425. 4 Vega-Soto argues that this holding does not apply to him because, unlike the defendant in…