Frutos-Lopez

MEMORANDUM *

Ricardo Servando Frutos-Lopez pled guilty in the Central District of California to violating 8 U.S.C. § 1326 . His plea was conditional on the right to appeal a number of issues related to the removal order upon which his § 1326 conviction is predicated. We affirm.

After Frutos-Lopez was convicted for second-degree robbery in violation of California Penal Code § 211, an immigration judge in March 2001 ruled that the conviction was an “aggravated felony,” and the government then removed Frutos-Lopez pursuant to 8 U.S.C. § 1227 (a)(2)(A)(iii). Frutos-Lopez came back into the United States without permission. When the government charged Frutos-Lopez with violation of § 1326 in the District of Nevada, he successfully argued for dismissal of the indictment because the March 2001 removal order erroneously categorized his robbery conviction as an “aggravated felony” based on then-governing Ninth Circuit precedent. The district court in Nevada dismissed the indictment, but Frutos-Lo-pez never asked that court to vacate the removal order, and the court never purported to take such an action. Thus, we have no occasion to consider whether a district court in criminal…