United States v. Cesar Jimenez-Lopez

MEMORANDUM

Cesar Jimenez-Lopez appeals from his conviction, by guilty plea before a magistrate judge, of entry without inspection in violation of 8 U.S.C. § 1325 . Jimenez-Lopez claims that his December 7, 2009 group plea hearing violated his Fifth Amendment right to due process.

Although Jimenez-Lopez preferred to render his guilty plea pursuant to an individualized plea hearing rather than as part of a group plea proceeding, he voluntarily agreed to participate in the group proceeding so that he could make his plea and return to Mexico that same day rather than remain in custody while he waited for an individualized hearing. Requiring Jimenez-Lopez to choose between resolving his case immediately as part of a group and resolving it later in an individualized hearing did not violate due process. See Brady v. United States, 397 U.S. 742, 751 , 90 S.Ct. 1463 , 25 L.Ed.2d 747 (1970); see generally United States v. Kaczynski, 239 F.3d 1108, 1115-16 (9th Cir.2001) (“[In criminal proceedings,] being forced to choose between unpleasant alternatives is not unconstitutional.”).

In addition, the magistrate judge did not violate Jimenez-Lopez’s due process rights by accepting his guilty…