United States v. Ricardo Rizo-Rizo

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF No. 20-50172

AMERICA,

Plaintiff-Appellee, D.C. Nos. 3:20-mj-20210-BMK-H-1 v. 3:20-mj-20210-BMK-H

RICARDO RIZO-RIZO,

Defendant-Appellant. OPINION

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

Filed October 29, 2021

Before: Richard A. Paez, Consuelo M. Callahan, and Mark J. Bennett, Circuit Judges.

Opinion by Judge Bennett UNITED STATES V. RIZO-RIZO

SUMMARY *

Criminal

Affirming a conviction for attempted illegal entry in violation of 8 U.S.C. § 1325(a)(1), the panel held that § 1325(a) is a regulatory offense such that the presumption in favor of scienter does not apply, and thus knowledge of alienage is not an element.

COUNSEL

Doug Keller (argued) and Michael Marks, Federal Defenders of San Diego Inc., San Diego, California, for Defendant-Appellant.

David Chu (argued), Assistant United States Attorney; Daniel E. Zipp, Chief, Appellate Section, Criminal Division;…