Garcia-Contreras

MEMORANDUM

Defendant Vidal Garcia-Contreras was indicted for a violation of 8 U.S.C. § 1326 (a), which prohibits being “found in” the United States after having been deported. He moved to dismiss the indictment, and the district court denied his motion. A jury found Defendant guilty, and the district court sentenced him to 88 months in prison followed by 36 months of supervised release. Defendant appeals from the denial of his motion to dismiss and from his sentence.

DISCUSSION

I. Because Defendant ivaived his appeal, his challenge to the validity of the underlying deportation proceeding fails.

A defendant charged with illegal reentry under 8 U.S.C. § 1326 may not collaterally attack the underlying deportation order if he or she failed to exhaust administrative remedies that were available during the deportation proceeding, including direct appeal of the deportation order. 8 U.S.C. § 1326 (d)(1); United States v. Estrada-Torres, 179 F.3d 776, 780 (9th Cir.1999). “Accordingly, a valid waiver of the right to appeal a deportation order precludes a later collateral attack.” United States v. Garzcu-Sanchez, 217 F.3d *757 806, 808 (9th Cir.2000). To be valid, a deportee’s waiver…