Orduna

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 6 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-7565 D.C. No. Plaintiff - Appellee, 2:24-cr-00096-SMM-1 v.

MEMORANDUM*

WHILBERT ORDUNA, AKA Whilbert Orduna Guevara, AKA Whilbert Orduna- Guevara,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Stephen M. McNamee, District Judge, Presiding

Submitted March 4, 2026** Phoenix, Arizona

Before: HAWKINS, BYBEE, and FRIEDLAND, Circuit Judges.

Defendant Whilbert Orduna appeals his conviction for re-entry under

U.S.C. § 1326(a). Defendant contends that his removal order was “fundamentally

* 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). unfair” because he received ineffective assistance of counsel. We have jurisdiction

under 28 U.S.C. § 1291, and we affirm.

We review de novo the…