Lopez-Diaz

MEMORANDUM **

Martin Lopez-Diaz appeals his conviction for being a deported alien found in the United States without permission in violation of 8 U.S.C. § 1326 . We affirm his conviction. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

Lopez-Diaz contends that his underlying deportation, effected under the procedures for the expedited removal of aliens convicted of aggravated felonies outlined in 8 C.F.R. § 238.1 , violated his right to due process because he did not appear before an immigration judge. To succeed on a collateral attack of the deportation proceeding underlying a § 1326 charge, the defendant must show that “(1) his due process rights were violated by defects in his underlying deportation proceeding, and (2) he suffered prejudice as a result of the defects.” United States v. Garcia-Martinez, 228 F.3d 956, 960 (9th Cir.2000) (quoting United States v. Zarate-Martinez, 133 F.3d 1194, 1197 (9th Cir.1998)).

We need not examine whether Lopez-Diaz’s due process rights were violated, because he cannot show that he suffered any prejudice. Because Lopezr-Diaz was deported through the expedited removal…