Galeana-Flores

MEMORANDUM **

Antonio Galeana-Flores (“GaleanaFlores”), an alien, seeks reversal of his conviction (and his consequent sentence) on a charge of reentry following removal under 8 U.S.C. § 1326 (a) as enhanced by 8 U.S.C. § 1326 (b)(2). 1 Galeana-Flores offers three asserted bases for reversal:

None of those arguments has merit, and we therefore affirm.

First Galeana-Flores argues that venue was improper in the District of Arizona because his crime of being “found in” the United States was completed in California, where Border Patrol agents first discovered his footprints in the sand. That argument is foreclosed by our decision in United States v. Hernandez, 189 F.3d 785, 791 (9th Cir.1999), where we made it clear that the “found in” offense is completed “when an alien is discovered *797 and identified by the immigration authorities” (emphasis added). While it might perhaps be contended that Galeana-Flores was “discovered” when the agents came upon his footprints in California (a stretch, given the then anonymity of the person making those footprints), he was not identified until he was apprehended in Arizona. Galeana-Flores’ crime of being “found in” the United States was thus…