United States v. Uriel Solis-Sanchez

MEMORANDUM

Defendant Uriel Solis-Sanchez appeals the district court’s decision not to use its supervisory powers to dismiss his indictment for a violation of 8 U.S.C. § 1326 , which prohibits the reentry of aliens who have been removed. Reviewing for abuse of discretion, we affirm. See United States v. Stinson, 647 F.3d 1196, 1209 (9th Cir.2011) (“A district court’s decision not to use its supervisory powers to dismiss an indictment is reviewed only for abuse of discretion.”), certs. denied, — U.S. -, 132 S.Ct. 1768 , 182 L.Ed.2d 551 and — U.S. -, 132 S.Ct. 1773 , — L.Ed.2d -(2012).

“A district court may exercise its supervisory power to implement a remedy for the violation of a recognized statutory or constitutional right; to preserve judicial integrity by ensuring that a conviction rests on appropriate considerations validly before a jury; and to deter future illegal conduct.” United States v. Chapman, 524 F.3d 1073, 1085 (9th Cir.2008) (internal quotation marks omitted). But, “because dismissing an indictment with prejudice encroaches on the prosecutor’s charging authority, this sanction may be permitted only in cases of flagrant prosecutorial misconduct.” Id. (internal…