United States v. Elizardo Luna-Magdaleno

FILED

NOT FOR PUBLICATION OCT 08 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 12-50430

Plaintiff - Appellee, D.C. No. 3:11-cr-03086-MMA-

v. AMENDED

MEMORANDUM*

ELIZARDO LUNA-MAGDALENO,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Michael M. Anello, District Judge, Presiding

Argued and Submitted July 9, 2013 Pasadena, California

Before: GRABER, RAWLINSON, and WATFORD, Circuit Judges.

Elizardo Luna-Magdaleno appeals from his conviction and sentence for

attempted entry after deportation in violation of 8 U.S.C. § 1326.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 1. Luna-Magdaleno first contends that the district court erred in denying his

motion to dismiss the indictment, in which he challenged the validity of all three

removal orders on which the government relied. Only one valid removal order is

necessary to…