United States v. Martin Cardiel-Ruiz

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 13 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-10139

Plaintiff-Appellant, D.C. Nos. 3:20-cr-00376-CRB-1 v. 3:20-cr-00376-CRB

MARTIN GUADALUPE CARDIEL-RUIZ,

MEMORANDUM*

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding

Argued and Submitted August 6, 2024* Pasadena, California

Before: WARDLAW, NGUYEN, and KOH, Circuit Judges.

The United States appeals the district court’s order dismissing the indictment

charging Defendant-Appellee Martin Guadalupe Cardiel-Ruiz with one count of

illegal reentry after deportation in violation of 8 U.S.C. § 1326. The district court

dismissed the indictment on the grounds that the underlying removal order entered

against Cardiel-Ruiz was invalid pursuant to § 1326(d). We review the district

* This disposition is not appropriate for publication and is not precedent except as provided by…