United States v. Antonio Flores-Bustos

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 28 2025

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 23-30000

Plaintiff-Appellee, D.C. No. 1:21-cr-02012-MKD-1 v.

ANTONIO FLORES-BUSTOS, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Washington Mary K. Dimke, Magistrate Judge, Presiding

Argued and Submitted September 12, 2024 Seattle, Washington

Before: CHRISTEN and SUNG, Circuit Judges, and RAKOFF,** District Judge. Dissent by Judge SUNG.

Antonio Flores-Bustos, a native of Mexico, appeals the district court’s order

denying his motion to dismiss his indictment for illegal reentry, 8 U.S.C. § 1326,

on the ground that his underlying order of removal was invalid because he received

ineffective assistance of counsel in his removal proceedings. Because the parties

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Jed S. Rakoff, United…