United States v. Martin Gutierrez-Barba

FILED

NOT FOR PUBLICATION

MAY 23 2025

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-10232

Plaintiff-Appellee, D.C. Nos. 2:19-cr-01224-DJH-1 v. 2:19-cr-01224-DJH

MARTIN GUTIERREZ-BARBA,

MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona Diane J. Humetewa, District Judge, Presiding

Submitted May 12, 2025** Phoenix, Arizona

Before: RAWLINSON, BUMATAY, and SANCHEZ, Circuit Judges.

Martin Gutierrez-Barba (Gutierrez-Barba) appeals his conviction and

sentence for reentry of a removed alien in violation of 8 U.S.C. § 1326(a). He also

appeals the denial of his request to present a necessity defense. Reviewing de

* 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). novo, we affirm. See United States v. Raygosa-Esparza, 566 F.3d 852, 854…