Alvarez-Adame

United States v. Alvarez-Adame

Good Law
346 F. App'x 169
United States Court of Appeals for the Ninth CircuitSeptember 15, 2009No. 07-50507California1,199 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant-Appellant Miguel AlvarezAdame appeals his conviction for reentering the United States after removal in violation of 8 U.S.C. § 1326 (a), and the sentence enhancement imposed for having been removed subsequent to a felony conviction under § 1326(b). 1 We have jurisdiction under 28 U.S.C. § 1291 , and affirm the conviction, vacate the sentence, and remand for resentencing.

Alvarez-Adame raises five claims of error. First, he argues that the district court was required to dismiss the indictment because it did not state the precise date of a prior deportation or conviction. The indictment alleged that AlvarezAdame was “removed from the United States subsequent to May 22, 1997.” An indictment is sufficient to support both a charge and sentence enhancement under § 1326 if it “alleges a removal date, thus enabling the sentencing court to compare that date to the dates of any qualifying felony convictions to determine whether *171 the sentence-enhancing sequence is satisfied.” United States v. Mendoza-Zaragoza, 567 F.3d 431, 434 (9th Cir.2009). There was no structural error in the indictment because the May 22, 1997, date permitted the district court to make the…

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