United States v. Ricardo Ramos-Tadeo

MEMORANDUM

Appellant Ricardo Ramos-Tadeo was indicted on March 8, 2011, on one count of being an alien in the United States after deportation in violation of 8 U.S.C. § 1826 (“2011 Indictment”). He appeals the district court’s denial of his motion to dismiss the 2011 Indictment. Ramos-Tadeo asserts, and the Government does not dispute, that the 2011 Indictment charged the same offense conduct as that of an April 13, 2010, indictment, to which Ramos-Ta-deo pleaded guilty, and which was subsequently dismissed without prejudice under the Speedy Trial Act (“2010 Indictment”). Ramos-Tadeo further asserts that the district court erred by holding that his guilty plea to the 2010 Indictment was not accepted, and that, therefore, jeopardy never attached to the conduct charged in the 2011 Indictment. We review de novo the denial of a motion to dismiss on double jeopardy grounds. United States v. Price, 314 F.3d 417, 420 (9th Cir.2002). We also review de novo whether the district court has accepted a guilty plea. See In re Ellis, 356 F.3d 1198 , 1205 (9th Cir.2004) (en banc); see also United States v. Jones, 472 F.3d 905, 908-09 (D.C.Cir.2007). We reverse and remand to the district court to…