371 F. App'x 721

UNITED STATES of America, Plaintiff-Appellee, v. Victor Manuel CANEDO-REYNA, Defendant-Appellant.

No. 09-10196.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted March 10, 2010.

Filed March 15, 2010.

Monte Cress Clausen, Assistant U.S., USTU-Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.

Saul M. Huerta, Jr., Assistant Federal Public Defender, FPDAZ-Federal Public Defender’s Office, Tucson, AZ, for Defendant-Appellant.

Before: FERNANDEZ, GRABER, and McKEOWN, Circuit Judges.

MEMORANDUM *

Defendant Victor Canedo-Reyna appeals his conviction for illegal reentry in violation of 8 U.S.C. § 1326. For the following reasons, we affirm.

1. Reviewing de novo, United States v. Proa-Tovar, 975 F.2d 592, 594 (9th Cir.1992) (en banc), we hold that the district court properly denied Defendant’s collateral attack on the 1985 deportation order. *722The court correctly held that Defendant had not exhausted his administrative remedies. See 8 U.S.C. § 1326(d)(1) (requiring exhaustion of administrative remedies). As the government concedes, Defendant could still file a motion to reopen, but he has not done so.

2. Reviewing de novo, United States v. Mosley, 465 F.3d 412, 414-15 (9th Cir.2006), we hold that sufficient evidence supported the conviction. A reasonable juror could have concluded that Defendant was free from official restraint in the five-day period between his entry into the country and his interview, many miles from the border, with the testifying government agent. See United States v. Bello-Bahena, 411 F.3d 1083, 1087 (9th Cir.2005) (reaching the same conclusion on similar facts).

AFFIRMED.

United States v. Canedo-Reyna
371 F. App'x 721

Case Details

Name
United States v. Canedo-Reyna
Decision Date
Mar 15, 2010
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371 F. App'x 721

Jurisdiction
United States

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