United States v. Leonardo Portillo-Vega

Good Law
582 F. App'x 757
United States Court of Appeals for the Ninth CircuitJuly 9, 201413-10411California391 words

Opinion

Opinion

MEMORANDUM

Leonardo Portillo-Vega appeals his conviction and sentence under 8 U.S.C. § 1326 for illegal reentry after deportation.

Portillo-Vega contends that his conviction should be vacated and the indictment against him dismissed because his identity was the fruit of an illegal arrest by state authorities. Assuming — without deciding — that Portillo-Vega was illegally arrested and that he has not waived his illegal-arrest claim by entering an unconditional guilty plea, his argument is foreclosed by Supreme Court and Ninth Circuit precedent. I.N.S. v. Lopez-Mendoza, 468 U.S. 1032, 1039 , 104 S.Ct. 3479 , 82 L.Ed.2d 778 (1984) (“The ‘body' or identity of a defendant or respondent in a criminal or civil proceeding is never itself suppressible as a fruit of an unlawful arrest, even if it is conceded that an unlawful arrest, search, or interrogation occurred."); United States v. Guzman-Bruno, 27 F.3d 420, 421-22 (9th Cir.1994) (holding, within the context of a prosecution under 8 U.S.C. § 1326 , that neither defendant’s “identity nor the records of his previous convictions and deportations could be suppressed as a result of the illegal arrest”).

Portillo-Vega attempts to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.