United States of America, Plaintiff-appellee, v. Jose Merced Prieto-arauza, Defendant-appellant, 29 F.3d 636 (9th Cir. 1994)

MEMORANDUM^** 

Jose Merced Prieto-Arauza appeals his 84-month sentence imposed following his conditional guilty plea to being found in the United States after having been deported subsequent to a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(b) (2). Prieto-Arauza contends that due process requires that his sentence not exceed two years because the Immigration and Naturalization Service (INS) incorrectly informed him when he was deported that the maximum prison term for illegal reentry was two years. He also contends the district court erred by declining to depart downward from the applicable Guideline range of 77 to 96 months based on the INS's misrepresentation. Both arguments are foreclosed by our decision in United States v. Ullyses-Salazar, No. 93-50144, slip op. 6543 (9th Cir. June 20, 1994). Accordingly, the district court's judgment is

AFFIRMED.