Sotelo

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 21 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-1396 D.C. No. Plaintiff - Appellee, 2:21-cr-00482-AB-1 v.

MEMORANDUM*

JUAN CARLOS SOTELO, AKA Alex Sotelo, AKA Juan Sotelo,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California André Birotte Jr., District Judge, Presiding

Argued and Submitted November 18, 2024 Pasadena, California

Before: RAWLINSON, CHRISTEN, and JOHNSTONE, Circuit Judges.

Juan Carlos Sotelo (Sotelo) appeals his conviction for being found in the

United States following deportation in violation of 8 U.S.C. § 1326(a), (b)(1). We

have jurisdiction under 28 U.S.C. § 1291 and we affirm.

1. “We review de novo the district court’s decision on a motion to dismiss an

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. indictment under 8 U.S.C. § 1326 when the motion is based on alleged due process

defects in an underlying deportation…