Avalos

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-3944 D.C. No. Plaintiff - Appellee, 3:23-cr-00828-

DMS-

v.

JORGE ALEJANDRO AVALOS,

OPINION

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding Argued and Submitted September 15, 2025 Pasadena, California Filed December 17, 2025 Before: Richard R. Clifton and Kenneth K. Lee, Circuit Judges. * Per Curiam Opinion

* This opinion had been approved by the panel and finalized but had not yet been filed when Judge Sandra Ikuta passed away. We would like to acknowledge Judge Ikuta’s participation in this case and role in drafting the opinion. In accordance with General Order 3.2(h), this opinion is issued by the remaining panel members as a quorum pursuant to 28 U.S.C. § 46(d). SUMMARY **

Appointments Clause

The panel affirmed the district court’s denial of Jorge Alejandro Avalos’s motion to dismiss an indictment charging him with illegal reentry under 8 U.S.C. § 1326. In August 2007, Avalos, a citizen of Mexico, pleaded guilty…