United States of America, Plaintiff-appellee, v. Jose Hernandez Perez, Defendant-appellant, 42 F.3d 1403 (9th Cir. 1994)

MEMORANDUM^** 

Jose Hernandez Perez appeals his 57-month sentence imposed following entry of a plea of guilty to illegal reentry after having been deported subsequent to a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(b) (2). He contends that due process and principles of estoppel require that his sentence not exceed two years because the Immigration and Naturalization Service incorrectly informed him when he was deported that the maximum prison term for illegal reentry was two years. He also contends the district court failed to address adequately his request for a downward departure based on those circumstances. These arguments are foreclosed by our decision in United States v. Ullyses-Salazar, 28 F.3d 932 (9th Cir. 1994). Accordingly, the district court's judgment is

AFFIRMED.