Vukasinovic

MEMORANDUM **

Appellant Ratomir Vukasinovic was convicted, following a bench trial, of being found in the United States after illegal reentry, in violation of 8 U.S.C. § 1326 , and was sentenced to 51 months in custody. He now appeals his conviction and his sentence. He challenges his conviction on two grounds: (1) the district court erred by denying his motion to dismiss the indictment due to the unfairness of the underlying removal order, and (2) the district court erred by refusing to order the government to accept a conditional plea. He also challenges his sentence on two grounds: (1) the district court erred by declining to award him an additional one level downward adjustment for acceptance of responsibility, and (2) his sentence was unreasonable because the district court erroneously concluded that he had committed crimes after his illegal re-entry. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

1. The district court did not err by denying appellant’s motion to dismiss the indictment. In order for a defendant charged with illegal re-entry under 8 U.S.C. § 1326 to prevail in a collateral attack on his removal order,

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