United States v. Jesus Valdez-Novoa

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 12-50336 Plaintiff-Appellee, D.C. No. v. 3:11-cr-00872-JAH-

JESUS VALDEZ-NOVOA,

Defendant-Appellant. ORDER AND

AMENDED

OPINION

Appeal from the United States District Court for the Southern District of California John A. Houston, District Judge, Presiding

Argued and Submitted November 6, 2013—Pasadena, California

Filed July 28, 2014 Amended February 27, 2015

Before: M. Margaret McKeown, Ronald M. Gould, and Jay S. Bybee, Circuit Judges.

Order; Opinion by Judge Bybee; Dissent by Judge McKeown UNITED STATES V. VALDEZ-NOVOA

SUMMARY*

Criminal Law

The panel amended an opinion and dissent filed on July 28, 2014, in a case in which the panel affirmed a conviction for attempting to enter the United States without consent after having been previously removed under 8 U.S.C. § 1326(a).

The panel also denied a petition for panel rehearing, and denied on behalf of the court a petition for rehearing en banc.

The defendant collaterally attacked the underlying June 11, 1999, removal order, alleging that the immigration judge erred…