United States v. De Leon-Ortiz

MEMORANDUM **

Antonio De Leon-Ortiz (“De Leon”) appeals his conviction and sentence imposed *579 for illegal reentry after deportation in violation of 8 U.S.C. § 1326 . He also appeals the revocation of the supervised release he was serving as part of the sentence imposed for a prior § 1326 violation, and the sentence imposed for violating the terms of that supervised release. We affirm the conviction and the revocation, as well as De Leon’s two sentences. Because the parties are familiar with the facts of the case, we do not recite them here.

1. Section 1326 Conviction

De Leon asserts that the district court erred in failing to grant his Rule 29 motion for a judgment of acquittal, based on insufficient proof of alienage and voluntariness. We reject this argument. De Leon admitted his alienage, and his admission was corroborated by his prior deportations. See United States v. Sotelo, 109 F.3d 1446, 1449 (9th Cir.1997); United States v. Contreras, 63 F.3d 852, 858 (9th Cir.1995). The jury could have inferred that his entry was voluntary because he was found at a location other than the border and had reentered following a prior deportation. See United States v. Quintana-Torres,…