Ruiz-Romero

MEMORANDUM **

Manuel Ruiz-Romero challenges his conviction for having been “found in” the United States in violation of 8 U.S.C. § 1326 . We affirm.

Ruiz-Romero first argues that the district court erred by admitting various documents pertaining to the 1998 reinstatement of his 1988 deportation order. In the district court, Ruiz-Romero argued for the exclusion of these documents on the grounds “that use of [the] reinstatement [was] cumulative.” He contends that the reinstatement evidence was irrelevant because he did not contest that he had been deported in 1988. Ruiz-Romero, however, did not stipulate to the fact of his 1988 deportation and, thus, remained free to argue that he was not deported or that his deportation did not comport with due process. The reinstatement evidence was relevant to proving Ruiz-Romero’s alienage and proper deportation in 1988. The district court acted squarely within its discretion in overruling Ruiz-Romero’s objection.

Ruiz-Romero also argues that the reinstatement documents constituted impermissible propensity evidence. He, however, failed to make this argument in the district court; thus, we review for plain error, reversing only if the error…