Jimenez-Peralta
United States v. Jimenez-Peralta
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NOT FOR PUBLICATION FILED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…