United States v. Gilberto Campos

FILED

NOT FOR PUBLICATION

JUL 15 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-50308

Plaintiff-Appellee, D.C. No. 3:22-cr-00448-TWR-1 v.

GILBERTO NICOLAS CAMPOS, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Todd W. Robinson, District Judge, Presiding

Argued and Submitted June 6, 2024 Pasadena, California

Before: M. SMITH and BADE, Circuit Judges, and FITZWATER,** District Judge.

Defendant Gilberto Campos (“Campos”), a citizen of Mexico, was charged

under 8 U.S.C. § 1326 with unlawfully attempting to reenter the United States

following a prior removal. Campos moved to dismiss the information, alleging, inter

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Sidney A. Fitzwater, United States District Judge for the Northern District of Texas, sitting by designation. alia, that his prior removal order was invalid under § 1326(d) and that §…