Ramirez-Mendoza

United States v. Ramirez-Mendoza

Good Law
36 F. App'x 308
United States Court of Appeals for the Ninth CircuitJune 4, 2002No. 01-50467; D.C. No. CR-00-02457-HCalifornia575 words

Opinion

Lead Opinion

MEMORANDUM ***

Defendant Ramon Ramirez-Mendoza appeals his conviction and sentence for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . We affirm.

Defendant first contends that insufficient evidence supports the jury’s findings that he is an alien and that he had been deported.

As evidence of Defendant’s status as an alien, the Government presented (1) a pri- or deportation order and (2) an authenticated tape of a deportation proceeding at which Defendant admitted to being an illegal alien and consented to deportation to Mexico. That evidence sufficed to establish Defendant’s alienage. See United States v. Sotelo, 109 F.3d 1446, 1449 (9th Cir.1997) (holding that a prior deportation order plus evidence of the defendant’s admissions during deportation proceedings were sufficient to prove alienage); United States v. Contreras, 63 F.3d 852, 858 (9th Cir.1995) (holding that a prior deportation order, the transcript of a deportation hearing at which the defendant admitted his alienage, and the testimony of an INS agent about the defendant’s Mexican citizenship sufficed to prove alienage).

Defendant nevertheless asserts that the district court erred…

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