Court of Appeals for the Ninth Circuit October 11, 2002, No. 02-10048; D.C. No. CR-01-00020-ECR (United States v. Ceja-Cisneros)

MEMORANDUM**

Baldemar Ceja-Cisneros (“defendant”) appeals the 58-month sentence imposed following his guilty plea conviction for reentry of a deported alien pursuant to 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Defendant contends that the aggravated felony provision of 8 U.S.C. § 1326(b)(2) does not apply to him because he is not a “removed” alien.