United States v. Marcelino Oseguera-Madrigal

Marcelino Oseguera-Madrigal (“Oseguera”) appeals his conviction and sentence on a conditional guilty plea for being an alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 . He challenges the district court’s dismissal of his collateral attack on the underlying removal order. We affirm the conviction and find no abuse of discretion in the district court’s sentencing decision. Accordingly, we affirm.

I. Background

Oseguera, a citizen of Mexico, came to the United States in 1970, at the age of two. In 1994, he was charged with possession of cocaine, a controlled substance, in Washington state court. He subsequently pled guilty to a reduced charge of use of drug paraphernalia, in violation of Wash. Rev.Code § 69.50.412. The Immigration and Naturalization Service initiated removal proceedings against him in 2001. An immigration judge (“IJ”) found Oseguera removable and the Board of Immigration Appeals (“BIA”) affirmed the IJ’s decision. Oseguera was removed from this country in February 2009.

On January 11, 2011, Oseguera was indicted for being an alien in the United States without permission after deportation, under 8 U.S.C. § 1326 . He…