United States of America, Plaintiff-appellee, v. Silvino Gonzales-sanchez, Aka Guadalupe Robles-delgado, Akasaul Acosta-ortiz, Defendant-appellant, 39 F.3d 1189 (9th Cir. 1994)Annotate this Case
Submitted Oct. 17, 1994. *Decided Oct. 27, 1994
Before: BROWNING, FARRIS, and LEAVY, Circuit Judges.
Silvino Gonzales-Sanchez appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to illegal re-entry, in violation of 18 U.S.C. §§ 1326(a) and 1326(b) (1). Gonzales contends that the imposition of a sixty-month sentence violated due process and principles of estoppel where the Immigration and Naturalization Service had erroneously informed him, at the time of his two previous deportations, that the maximum prison term for a subsequent illegal re-entry would be two years. This court rejected the same contentions in United States v. Ullyses-Salazar, 28 F.3d 932 (9th Cir. 1994) (petition for rehearing and for rehearing en banc denied, September 26, 1994).