Diaz-Martinez

MEMORANDUM **

Raul Diaz-Martinez appeals his sentence following a jury trial conviction for illegal reentry in violation of 8 U.S.C. § 1326 . He challenges a 16-level enhancement for reentry after deportation subsequent to sustaining a felony conviction by arguing (1) that the evidence was not suffi *636 cient to prove his attempted reentry was subsequent to deportation, or that he was an alien, and (2) that the District Court improperly relied on a prior conviction to enhance his statutory maximum sentence.

Contrary to Diaz’s contention, the evidence of the Immigration Judge’s December 2003, indecision concerning Diaz’s citizenship due to an incomplete record does not help prove the Attorney General’s consent to Diaz’s presence in the United States, or vitiate the effect of Diaz’s previous removals, exclusions, and/or deportations. See United States v. Pina-Jaime, 332 F.3d 609 (9th Cir.2003). Therefore, the Diaz’s illegal reentry to the United States on January 7, 2004, following his April 2002 deportation order, can be found to constitute an illegal reentry pursuant to 8 U.S.C. § 1326 .

The Immigration and Naturalization Services (“INS”) has promulgated detailed regulations…