Limon-Robles

MEMORANDUM *

Mauricio Limon-Robles, a native and citizen of Mexico, was convicted in 1999 of *606 conspiracy to possess and possession of marijuana. He served his sentence of a year and a day and was deported to Mexico. In 2002, he was arrested for illegal reentry. Prior to sentencing on the new charge, he filed a motion pursuant to 28 U.S.C. § 2255 seeking to vacate his 1999 conviction on the ground that he had been a juvenile in 1999, and thus that his conviction as an adult was invalid. The district court held an evidentiary hearing and determined that Limon-Robles had not met his burden of showing that he had been a juvenile in 1999. We affirm.

The denial of a § 2255 motion is reviewed de novo and the district court’s findings of fact are reviewed for clear error. United States v. Alvarez-Tautimez, 160 F.3d 573, 575 (9th Cir.1998); Campbell v. Wood, 18 F.3d 662, 681 (9th Cir.1994) (en banc).

When Limon-Robles filed his § 2255 motion, the district court recognized that under the Federal Juvenile Delinquency Act, 18 U.S.C. §§ 5031 et seq., “federal courts have no jurisdiction over certain prosecutions for acts of juvenile delinquency unless the cases have been certified for…