Jimenez-Peralta

United States v. Jimenez-Peralta

Good Law
United States Court of Appeals for the Ninth CircuitSeptember 26, 202423-1290California1,762 words

Opinion

Opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 26 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-1290 D.C. No. Plaintiff - Appellee, 3:18-cr-05498-BLM-H-1 v.

MEMORANDUM*

GABRIEL JIMENEZ-PERALTA,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Marilyn L. Huff, Senior District Judge, Presiding

Argued and Submitted September 10, 2024 Pasadena, California

Before: IKUTA and FRIEDLAND, Circuit Judges, and HSU, District Judge.**

Gabriel Jimenez-Peralta appeals his conviction and sentence for attempted

illegal entry. 8 U.S.C. § 1325(a)(1). We affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Wesley L. Hsu, United States District Judge for the Central District of California, sitting by designation.

I. EQUAL PROTECTION

As an initial matter, 8 U.S.C. § 1325 does not violate the equal protection

component of the Fifth Amendment. Jimenez-Peralta correctly concedes…

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