Vera-Rivas

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 7 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-374 D.C. No. Plaintiff - Appellee, 3:19-cr-03622-JLB-CAB-1 v.

MEMORANDUM*

MARTIN VERA-RIVAS,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Cathy Ann Bencivengo, District Judge, Presiding

Submitted November 4, 2024** Pasadena, California

Before: WARDLAW, HURWITZ, and DESAI, Circuit Judges.

Martin Vera-Rivas (“Vera”) appeals his conviction for misdemeanor

attempted illegal entry in violation of 8 U.S.C. § 1325(a)(1). Exercising jurisdiction

under 28 U.S.C. § 1291, we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 1. The district court did not abuse its discretion by admitting photographs of

Vera despite the fact that a testifying Border Patrol agent used…