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U.S. v. LOPEZ

No. 12-50464.

747 F.3d 1141 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto LOPEZ, aka Robert Hernandez, aka Roberto Hernandez, aka Ice, aka Robert Lopez, aka Roberto Lopez, aka Roberto Lopez-Francisco, aka Mario, aka Roberto Mendoza, aka Roberto Mendoza-Hernandez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 2, 2014.

Attorney(s) appearing for the Case

Davina T. Chen (argued), Law Office of Davina T. Chen, Glendale, CA, for Defendant-Appellant.

L. Ashley Aull (argued), Office of the United States Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Before: HARRY PREGERSON, KIM McLANE WARDLAW, and RICHARD C. TALLMAN, Circuit Judges.

OPINION

WARDLAW, Circuit Judge:

Roberto Lopez Francisco ("Lopez") appeals his conviction following a jury trial for being an alien found in the United States after deportation, in violation of 8 U.S.C. § 1326. We agree with the district court that 8 U.S.C. § 1326 does not require the government to prove the existence of an order of deportation as an element of the crime in cases where the defendant has been deported or removed. We affirm Lopez...

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