United States v. Antonio Muniz-Bravo

MEMORANDUM

Antonio Muniz-Bravo appeals from his jury-trial conviction and 70-month sentence for being a removed alien found in the United States in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s denial of a motion to dismiss an 8 U.S.C. § 1326 indictment when the motion to dismiss is based on alleged due-process defects in the underlying removal proceeding. United States v. Villavicencio-Burruel, 608 F.3d 556, 559 (9th Cir.2010). We also review de novo alleged violations of the Confrontation Clause, id. at 560 , and the denial of a motion for acquittal, see United States v. Tucker, 133 F.3d 1208, 1214 (9th Cir.1998). We affirm.

The district court properly denied Muniz-Bravo’s motion to dismiss the indictment because entry of the underlying 1993 removal order did not violate Muniz-Bravo’s due process rights. During the 1993 removal proceedings the immigration judge (“IJ”) ensured Muniz-Bravo knowingly and voluntarily waived his rights to counsel and to appeal. Before the 1993 group hearing, the government served Muniz-Bravo with an Order to Show Cause, which advised Muniz-Bravo in Spanish and English of his…