Hernandez-Sanchez

MEMORANDUM **

Juan Pablo Hernandez-Sanchez appeals two convictions and sentences for being found in the United States following deportation, in violation of 8 U.S.C. § 1326 . The district court denied Hernandez-Sanchez’s motions to dismiss his indictments, concluding that he had not been improperly deprived of the opportunity for judicial review, and that he had not shown that the entry of the deportation order was fundamentally unfair. The district court sentenced Hernandez-Sanchez to 100 months custody for each offense. We have jurisdiction under 28 U.S.C. § 1291 . After a de novo review, United States v. Velasco-Medina, 305 F.3d 839, 847 (9th Cir.2002) (motion to dismiss indictment under § 1326); United States v. Williams, 291 F.3d 1180, 1191 (9th Cir.2002) (sentencing), we affirm Hernandez-Sanchez’s convictions, and remand for resentencing.

I. Collateral Attack

“In a criminal prosecution under § 1326, the Due Process Clause of the Fifth Amendment requires a meaningful oppor *944 tunity for judicial review of the underlying deportation.” United States v. Zarate-Martinez, 133 F.3d 1194, 1197 (9th Cir.1998), overruled on other grounds by United States v. Corona-Sanchez, 291…