United States v. Salvador Avila-Rivera

FILED

NOT FOR PUBLICATION DEC 21 2009

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S . CO UR T OF AP PE A LS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 09-50324

Plaintiff - Appellee, D.C. No. 3:08-cr-02965-BEN-

v.

MEMORANDUM *

JUAN VASALLO-MARTINEZ,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding

Argued and Submitted December 8, 2009 Pasadena, California

Before: REINHARDT, TROTT and WARDLAW, Circuit Judges.

Juan Vasallo-Martinez ('Vasallo'), a native and citizen of Mexico, entered a

conditional guilty plea to a one-count indictment for violation of 8 U.S.C. y 1326,

unlawful reentry after removal. He appeals the denial of his motion to dismiss the

indictment on the grounds that although his due process rights were violated in the

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. stipulated removal proceeding underlying the indictment, he suffered no prejudice.

We have jurisdiction…