United States v. Daniel Rodriguez-Perez

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT SEP 03 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 12-30322

Plaintiff-Appellee, D.C. No. 1:11-cr-00291-EJL-

v.

MEMORANDUM*

DANIEL RODRIGUEZ-PEREZ,

Defendant-Appellant.

Appeal from the United States District Court for the District of Idaho Edward J. Lodge, District Judge, Presiding

Submitted August 29, 2013** Seattle, Washington

Before: McKEOWN and CLIFTON, Circuit Judges, and RAKOFF, Senior District Judge.***

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Jed S. Rakoff, Senior District Judge for the U.S. District Court for the Southern District of New York, sitting by designation. Daniel Rodriguez-Perez appeals from his conviction for illegal reentry in

violation of 8 U.S.C. § 1326, arguing that the district court erred in denying his

motion to dismiss the…