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No. 14-4554
No. 14-4781
Appeals from the United States District Court for the Western
District of Virginia, at Roanoke.
Glen E. Conrad, Chief
District Judge. (7:13-cr-00026-GEC-1; 7:13-cr-00052-GEC-1)
Submitted:
Decided:
PER CURIAM:
Ricardo Augustin Lopez Aranda pled guilty to one count of
being
an
alien
found
in
the
United
States
after
removal
United
felony.
States
after
prior
removal
after
conviction
of
first
contends
that
the
found
in
offense
in
in
light
of
Robinson
v.
California,
370
U.S.
660
Puckett v. United
must
was
rights.
demonstrate
plain,
and
that
(3)
(1)
the
an
error
error
occurred,
affected
his
(2)
the
substantial
Even
Henderson v. United
of
appeals
that
have
addressed
the
claim
that
found
in
unconstitutional
offense
status
in
crime
that
section
under
is
Robinson
not
an
because
Marroquin, 218 F.3d 455, 457 (5th Cir. 2000); United States v.
Ayala, 35 F.3d 423, 426 (9th Cir. 1994).
claim to be without merit. 2
Aranda
the
Sixth
constitutional
conclusively
asserts
that
Amendment
claims.
appears
trial
by
failing
Unless
on
the
counsel
an
face
to
was
raise
attorneys
of
the
ineffective
the
above
ineffectiveness
record,
ineffective
such
pursuant
to
sufficient
claims
28
should
U.S.C.
development
be
raised
2255
(2012),
of
the
record.
in
in
motion
order
to
United
brought
permit
States
v.
Accordingly,
criminal
statute
for
the
underlying
conviction
does
not
1326.
which
The
he
sentence
was
convicted
of
illegally
and
challenge
to
included
serving
forgery
and
and
failing
term
violated
reentering
to
1326(a)(2)
by
to
this
supervised
being
the
report
in
of
United
subsequently
States
probation.
context
is
release
in
again
Arandas
effect
claim
challenges
to
is
meritless,
the
and
supervised
Aranda
release
sets
forth
no
proceeding,
the
We
dispense
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED