United States v. David Mandel-Meza

MEMORANDUM

David Mandel-Meza appeals his sentence after his guilty plea under 8 U.S.C. § 1326 (a), as enhanced by § 1326(b)(1), for being found in the United States after having been deported. We affirm. Because the parties are familiar with the history of this case, we need not recount it here.

I

The district court did not err in enhancing Mandel-Meza’s sentence under U.S.S.G. § 4A1.1(d), which applies when “the defendant committed the instant offense while under a criminal justice sentence.” Mandel-Meza argues that the Guideline does not apply because he was in custody when he was discovered and therefore he lacked the requisite intent to commit the offense. However, we have already rejected this argument. United States v. Ortiz-Villegas, 49 F.3d 1435, 1437 (9th Cir.1995) (Involuntary incarceration does not establish lack of intent because “[a]n alien who has been deported and voluntarily reenters the United States without authorization has the intent required to support a conviction for being ‘found in’ the United States.”).

“An ‘entry’ into the United States is required before a person is ‘found in’ the United States,” and that entry must be a voluntary act. United States…