Flores-Cano

MEMORANDUM **

Carlos Flores-Cano appeals from his conviction and 52-month sentence following his guilty-plea conviction for illegal reentry following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction *668 pursuant to 28 U.S.C. § 1291 ,- and we affirm the conviction and vacate and remand the sentence.

Flores-Cano contends that the district court erred in denying his motion to dismiss the indictment on the grounds that his prior removal was invalid. Specifically, Flores-Cano argues that because the immigration judge (“IJ”) failed to tell him that he was eligible for relief from removal by requesting voluntary departure under 8 U.S.C. § 1229c, his removal proceeding was defective and cannot form the basis for a conviction under 8 U.S.C. § 1326 . We disagree.

Even assuming Flores-Cano’s pri- or removal proceeding was defective, because the record demonstrates that his Nevada state drug conviction is a drug trafficking crime, see 8 U.S.C. § 1101 (a)(43)(B); Taylor v. United States, 495 U.S. 575, 602 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), he fails to demonstrate how any due process violation at the removal proceeding prejudiced him. See United States v.…