Hernandez

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 22 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-2362 D.C. No. Plaintiff - Appellee, 3:19-mj-23508-MSB-AJB-1 v.

MEMORANDUM*

OLISER HERNANDEZ,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Anthony J. Battaglia, District Judge, Presiding

Argued and Submitted March 5, 2025 Pasadena, California

Before: TALLMAN, CLIFTON, and CHRISTEN, Circuit Judges.

Oliser Hernandez appeals his conviction for a misdemeanor attempt to

illegally enter the United States outside of a port of entry, in violation of 8 U.S.C.

§ 1325(a)(1). Because the parties are familiar with the facts, we do not recount

them here. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review the

adequacy of Miranda warnings de novo. United States v. Williams, 435 F.3d 1148,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 1151 (9th Cir. 2006). We review discovery…