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United States v. Luna-Martinez
Citation: 259 F. App'x 991Docket: No. 05-50354
Court: Court of Appeals for the Ninth Circuit; December 17, 2007; Federal Appellate Court
Dagoberto Luna-Martinez appeals a 37-month sentence resulting from his guilty plea for being a deported alien found in the United States, violating 8 U.S.C. § 1326. The court has jurisdiction under 28 U.S.C. § 1291 and affirms the sentence. Luna-Martinez argues that his 2003 and 2004 removals, conducted under reinstated removal orders by an immigration official, were unlawful and do not fulfill the removal requirement of 8 U.S.C. § 1326(b) or the deportation requirement of U.S.S.G. § 2L1.2(b)(1). This argument is rejected based on precedent established in United States v. Diaz-Luevano, 494 F.3d 1159, 1161-62 (9th Cir. 2007). The ruling is affirmed, with the note that this disposition is not for publication and not precedent except as specified in 9th Cir. R. 36-3.