Court of Appeals for the Ninth Circuit August 16, 2004, No. 03-10408; D.C. No. CR-01-00904-CJK (United States v. Walker)

MEMORANDUM**

Federal prisoner Andrew B. Walker appeals the 51-month sentence imposed following his guilty plea to one count of illegal re-entry after deportation, in violation of 8 U.S.C. § 1326.

Walker contends that the district court erred in denying his motion to withdraw the guilty plea on the ground that his prior deportation was unlawful, relying upon INS v. St. Cyr, 533 U.S. 289, 121 S.Ct.