United States of America, Plaintiff--appellee, v. Jesus Gonzalez-lopez, Defendant--appellant, 57 F.3d 1081 (10th Cir. 1995)

Neither party has requested oral argument in this case; therefore, after a determination by this panel that oral argument would not materially assist in the disposition, the matter is ordered submitted on the briefs.

Defendant has filed an Anders²  brief contending his conviction denied him due process because the offense with which he was charged, being an illegal alien found in the United States in violation of 18 U.S.C. 1326(b) (2), merely punished his status. Defendant's voluntary plea of guilty, however, waives all non-jurisdictional defects in the charge. United States v. Kelsey, 15 F.3d 152, 153 (10th Cir. 1994); United States v. Riles, 928 F.2d 339, 342 (10th Cir. 1991). The rule applies to issues based on claimed deprivation of due process. United States v. Wright, 43 F.3d 491, 494 (10th Cir. 1994). Indeed, a due process violation does not constitute a jurisdictional issue. United States v. Hausman, 894 F.2d 686, 689 (5th Cir. 1990). Accordingly, we conclude we are barred from considering the claim on the merits because of defendant's uncontested guilty plea.

AFFIRMED.