Cohen

MEMORANDUM **

Leslie Charles Cohen appeals his jury trial conviction and 33-month sentence for re-entry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

First, Cohen contends that the trial court erred by denying his motion to dismiss the indictment as duplicitous. However, any ambiguity in the indictment was cured when the government elected to rely only on one offense in the count and the jury was instructed only on that distinct offense. See United States v. Ramirez- *853 Martinez, 273 F.3d 903, 915 (9th Cir.2001), cert. denied, —• U.S.-, 123 S.Ct. 330 , 154 L.Ed.2d 226 (2002).

Second, Cohen contends that his due process rights were violated when he was improperly deported. We disagree. Under any interpretation of the procedural history at his prior deportation proceedings, Cohen failed to demonstrate that there was a stay of deportation in effect when he was deported. Accordingly, we conclude that he has not shown any due process violation or resulting prejudice. See United States v. Arrieta, 224 F.3d 1076, 1079 (9th Cir.2000).

Third, Cohen argues that because his prior convictions…