Garcia-Peregrina
United States v. Garcia-Peregrina
Opinion
Lead Opinion
MEMORANDUM ***
The district court did not err in finding that Marco Antonio Garcia-Peregrina’s underlying deportation could not be colateraly attacked in an action for ilegal reentry after deportation. 8 U.S.C. § 1326 (a), (d). The district court also correctly calculated his criminal history score. This court reviews de novo a colateral chalenge to an underlying deportation. United States v. Ahumada-Aguilar, 295 F.3d 943, 947 (9th Cir.2002). A district court’s determination that a prior conviction counts for purposes of the criminal history score under the Sentencing Guidelines is also reviewed de novo. United States v. Lopez-Pastrana, 244 F.3d 1025, 1027 (9th Cir.2001).
In a criminal proceeding for ilegal reentry after deportation,
8 U.S.C. § 1326 (d).
Garcia-Peregrina was not deprived of the opportunity for judicial review and *524 therefore cannot collaterally attack the underlying deportation. 8 U.S.C. § 1326 (d)(2). Garcia-Peregrina withdrew his pending appeal from this court, thereby waiving the right to continued judicial review. See United States v. Mendoza-Lopez, 481 U.S. 828, 840 , 107 S.Ct. 2148 , 95 L.Ed.2d 772 (1987).