United States of America, Plaintiff-appellee, v. Gabino Ramirez-frias, Defendant-appellant, 29 F.3d 636 (9th Cir. 1994)

MEMORANDUM^** 

Gabino Ramirez-Frias appeals his 70-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). Ramirez-Frias 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 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.