Campos-Vidal

MEMORANDUM **

Appellant Jose Campos-Vidal sought to enter the United States on March 16, 2005. By the time he was arrested for illegally attempting to re-enter the country, in violation of 8 U.S.C. § 1326 (a), it was the next day. Campos-Vidal was then tried, convicted, and sentenced to fifty months in prison. In sentencing Campos-Vidal, the district court applied an eight-level increase in the offense level under U.S.S.G. § 2L1.2(b)(l)(C) because Campos-Vidal had been previously deported following a conviction for an aggravated felony— grand theft of property, a violation of California Penal Code § 487.

Campos-Vidal now seeks review of the district court’s denial of his motion to dismiss the indictment. He alleges that the underlying deportation proceeding did not comport with due process and, therefore, the § 1326 indictment should have been dismissed. Campos-Vidal also asserts several challenges to the sentence imposed by the lower court. Campos-Vidal asserts that the trial court erred in finding the date of his previous deportation when that date had not been identified in the indictment, found by the jury, or admitted by him. He also argues that the district court erred in…