United States v. Jose Flores-Sanchez, A.K.A. Jose Mendoza-Sanchez

Jose Flores-Sanchez (“Sanchez”) appeals his conviction and sentence for illegal reentry after deportation in violation of 8 U.S.C. § 1326 . He assigns error to: (1) denial of his motion to dismiss the indictments; (2) commencement of trial one day after his first appearance on the superseding indictment; (3) use of his prior convictions for sentence enhancement purposes; and (4) alleged consideration of incorrect information at the sentencing phase. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Sanchez was deported in 1996, after accumulating a criminal record in California and Washington. In 2004 he was arrested in Arizona. After being read his Miranda rights, Sanchez told the border patrol agents that he was a citizen of Mexico and that he did not have documents permitting him to enter the United States.

A grand jury returned a one-count indictment on August 3, 2004, charging Sanchez with illegal reentry after deportation in violation of 8 U.S.C. § 1326 (a), enhanced by § 1326(b)(2). He made his first appearance through counsel, at the arraignment on the original indictment, on August 11, 2004. A superseding indictment issued on May 11, 2005, changing the charge…