United States v. Daniel Rosas

MEMORANDUM

Daniel Estrada Rosas (“Estrada”) appeals the district court’s denial of his motion to dismiss an indictment charging him with illegal reentry after deportation in violation of 8 U.S.C. § 1326 . Estrada argues that his underlying March 2002 removal proceeding was invalid due to a number of due process violations. That removal later formed the basis for the 2006 reinstatement of removal upon which Estrada’s § 1326 conviction is predicated. Estrada also appeals the district court’s denial of his motion for reconsideration based on an allegation that he received ineffective assistance of counsel at his January 2002 removal hearing. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

“We review de novo the district court’s denial of a motion to dismiss a § 1326 indictment, where the motion is based on alleged due process defects in an underlying deportation proceeding.” United States v. Gonzalez, 429 F.3d 1252, 1255 (9th Cir.2005) (quoting United States v. Muro-Indan, 249 F.3d 1180, 1182 (9th Cir.2001)). A district court’s denial of a motion for reconsideration is reviewed for abuse of discretion. Kona Enter., Inc. v. Estate of Bishop, 229 F.3d 877 , 883…