United States v. Juan Gamez-Salas

NOT FOR PUBLICATION FILED

DEC 5 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-50278

Plaintiff-Appellee, D.C. No. 3:21-cr-00995-LAB-1 v.

MEMORANDUM*

JUAN CARLOS GAMEZ-SALAS,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding

Submitted December 3, 2024** Pasadena, California Before: BYBEE, IKUTA, and BADE, Circuit Judges.

* 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). Juan Carlos Gamez-Salas appeals the sentence imposed after he was

convicted under 8 U.S.C. § 1326. He also challenges the constitutionality of

U.S.C. § 1326, arguing that it violates the equal protection guarantee under the Fifth

Amendment. “We review the district court’s interpretation of the Sentencing

Guidelines de novo,” its…