United States of America, Plaintiff-appellee, v. Oscar Rodriguez-escobedo, Defendant-appellant, 108 F.3d 1387 (9th Cir. 1997)

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U.S. Court of Appeals for the Ninth Circuit - 108 F.3d 1387 (9th Cir. 1997) Submitted March 11, 1997. *Decided March 14, 1997

Before: SNEED, LEAVY and THOMAS, Circuit Judges.

MEMORANDUM** 

Oscar Rodriguez-Escobedo appeals his jury conviction and the sentence imposed for being a deported felon found in the United States in violation of 8 U.S.C. § 1326(a). Because his contention that the district court erred by determining as a matter of law that his prior deportation had been lawful is foreclosed by United States v. Alvarado-Delgado, 98 F.3d 492 (9th Cir. 1996) (en banc); petition for cert. filed, No. 96-7633 (Jan. 27, 1997), the district court is

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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