Acosta-Martinez

*627 MEMORANDUM *

Rene Acosta-Martinez appeals the district court’s order denying his motion to dismiss an indictment charging him with reentry after deportation, in violation of 8 U.S.C. § 1326 . That indictment was dismissed on motion of the government after Acosta-Martinez entered a conditional guilty plea to a superseding information charging him with illegal entry in violation of 8 U.S.C. § 1325 .

“It is generally true that when an indictment is dismissed and replaced with an information charging offenses different than those contained in the indictment, any challenge to the legal sufficiency of the indictment becomes moot.” United States v. Scott, 884 F.2d 1163, 1165 (9th Cir.1989). However, Scott holds that an appeal is not mooted by the dismissal of the indictment when a defendant enters a conditional guilty plea to different charges in a superseding information. Id. Therefore, we are required to reach the merits of Acosta-Martinez’ challenge to the dismissed indictment.

Acosta-Martinez contends that the underlying deportation order was invalid. Defendants in illegal reentry cases may collaterally attack their underlying deportation orders if they can show that the…