Munoz-Recillas

MEMORANDUM **

Saul Munoz-Recillas appeals the district court’s denial of his motion to dismiss the indictment based on an allegedly invalid underlying deportation order, and his conviction for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

On April 9, 1996, following a jury trial, a California state court convicted MunozRecillas, a legal permanent resident, of possession of a controlled substance while armed with a firearm in violation of California Health and Safety Code § 11370.1(a), and transportation of a controlled substance in violation of California Health and Safety Code § 11379(a). Following his release in 2000, Munoz-Recillas was placed in deportation proceedings. He subsequently reentered the United States without permission and was charged, under 8 U.S.C. § 1326 , with being an illegal alien found in the United States following deportation. Munoz-Recillas pled guilty to the offense charged, and reserved the right to appeal the district *623 court’s denial of his motion to dismiss the indictment.

The crux of Munoz-Recillas’s claim on appeal is that this 2000…