U.S. v. ROJAS-PEDROZA

Nos. 11-50379, 11-50381.

716 F.3d 1253 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Venancio ROJAS-PEDROZA, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Vernancio Rojas-Pedroza, AKA Venancio Rojas-Pedroza, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 28, 2013.


Attorney(s) appearing for the Case

James Fife , Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Laura E. Duffy , United States Attorney, Bruce R. Castetter , Assistant United States Attorney, Chief, Appellate Section, Criminal Division, and Kyle W. Hoffman (argued), Assistant United States Attorney, San Diego, CA, for Plaintiff-Appellee.

Before: MARSHA S. BERZON, RICHARD R. CLIFTON, and SANDRA S. IKUTA, Circuit Judges.


OPINION

IKUTA, Circuit Judge:

Venancio Rojas-Pedroza challenges his conviction and sentence under 8 U.S.C. § 1326(a) and (b) for being an alien found in the United States after removal. We hold that the district court was correct to reject Rojas's collateral challenge to the validity of the removal order underlying his § 1326(b) sentencing enhancement. We also reject Rojas's arguments that the district court violated his Sixth Amendment right to...

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