United States v. Sergio Miramontes-Maldonado

FILED

NOT FOR PUBLICATION

DEC 10 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-30178

Plaintiff-Appellee, D.C. Nos. 1:19-cr-00060-BLW-1 v. 1:19-cr-00060-BLW

SERGIO MIRAMONTES-

MALDONADO, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, Chief District Judge, Presiding

Submitted December 6, 2021** Seattle, Washington

Before: McKEOWN, CHRISTEN, and MILLER, Circuit Judges.

Sergio Miramontes-Maldonado appeals his criminal conviction for one

count of illegal reentry pursuant to 8 U.S.C. § 1326. Miramontes-Maldonado filed

a motion to dismiss the indictment in the district court, arguing that the exclusion

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). order underlying the…