Valencia-Amaya

MEMORANDUM *

Defendant Luis Arturo Valencia-Amaya appeals his conviction for illegal reentry after deportation in violation of 8 U.S.C. § 1326 . On appeal, he challenges the district court’s order granting the government’s motion for reconsideration and denying the defendant’s motion to dismiss the indictment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not abuse its discretion when it granted the motion for reconsideration. See Smith v. Pac. Props. & Dev. Corp., 358 F.3d 1097 , 1100 (9th Cir.2004) (stating standard). Reconsideration was appropriate because, contrary to the district court’s reasoning in the initial order granting the motion to dismiss, the underlying deportation proceedings comported with due process. See M.L.B. v. S.L.J., 519 U.S. 102, 113-15 , 117 S.Ct. 555 , 136 L.Ed.2d 473 (1996) (noting that waiver of court fees in civil cases is generally not constitutionally required); see also United States v. Corrales-Beltran, 192 F.3d 1311, 1316-18 (9th Cir.1999).

The district court’s denial of the defendant’s motion to dismiss the indictment withstands de novo review. See United States v. Pallares-Galan, 359 F.3d 1088,…