United States v. Armando Santos-Santos

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 18 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-30038

Plaintiff-Appellee, D.C. No. 2:19-cr-00165-TOR-1 v.

ARMANDO SANTOS-SANTOS, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Washington Thomas O. Rice, District Judge, Presiding

Argued and Submitted October 6, 2021 Seattle, Washington

Before: PAEZ, M. SMITH, and NGUYEN, Circuit Judges. Dissent by Judge PAEZ.

Armando Santos-Santos was indicted on one count of illegal reentry after

removal in violation of 8 U.S.C. § 1326. After the district court denied his motion

to dismiss the indictment, Santos-Santos pled guilty to the charge while reserving

the right to appeal the denial of that motion. Santos-Santos argues on appeal that

the district court should have dismissed the indictment because his underlying

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. order…