United States v. Rodrigo Mendoza-Reyes

Defendant-Appellant Rodrigo Mendoza-Reyes, a Mexican citizen, was convicted by a jury of reentering the United States without permission after having been deported, in violation of 8 U.S.C. § 1326 . Mendoza-Reyes asserts three issues on appeal. First, he argues that the District Judge plainly erred by stating during voir dire that the case involved “a person who came back into the country after previously having been deported.” Second, he argues that the District Court erred in classifying the Washington state offense of First Degree Unlawful Possession of a Firearm, Revised Code of Washington section 9.41.040(1)(a), as an aggravated felony under 8 U.S.C. § 1101 (a)(43). Third, he asserts that his counsel was ineffective for failing to object to the District Court’s classification of Revised Code of Washington section 9.41.040(1)(a) as an aggravated felony. We affirm.

STANDARD OF REVIEW

Because Mendoza-Reyes did not object or move for a mistrial, both his challenge to the judge’s voir dire statement and his sentencing claim are subject to plain error review. United States v. Olano, 507 U.S. 725, 733-35 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993); United States v.…