United States v. Efrain Cervantes-Ramirez

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 29 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-50176

Plaintiff-Appellee, D.C. No. 3:19-mj-23221-FAG-H-1 v.

EFRAIN CERVANTES-RAMIREZ, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Marilyn L. Huff, District Judge, Presiding

Argued and Submitted August 3, 2021 Pasadena, California

Before: PAEZ, CALLAHAN, and BENNETT, Circuit Judges.

Defendant Efrain Cervantes-Ramirez appeals the district court’s decision that

affirmed the magistrate judge’s acceptance of his guilty plea to the crime of

attempted illegal entry in violation of 8 U.S.C. § 1325(a)(1). Cervantes-Ramirez

claimed knowledge of alienage was an element of that offense. The magistrate judge

rejected Cervantes-Ramirez’s contention and so did not recite knowledge of alienage

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. as an element of the…