United States v. Martin Luis Ruiz-Alvarez, Aka: Martin Ruiz Alvarez

Good Law
37 F.3d 1507·1994 WL 546239·1994 U.S. App. LEXIS 36339
United States Court of Appeals for the Ninth CircuitOctober 5, 199493-50650California429 words

Opinion

Opinion

37 F.3d 1507 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Martin Luis RUIZ-ALVAREZ, aka: Martin Ruiz Alvarez, Defendant-Appellant. No. 93-50650. United States Court of Appeals, Ninth Circuit. Submitted Aug. 5, 1994. * Decided Oct. 5, 1994. Before: BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Ruiz-Alvarez appeals his conviction and sentence for illegal re-entry into the United States after three prior deportations and three prior convictions (two aggravated felonies and one non-aggravated felony) in violation of 8 U.S.C. Sec. 1326 (b)(1). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . 3 Ruiz-Alvarez pled guilty without challenging his conviction before the district court. We will nevertheless review his arguments because claims that "the applicable statute is unconstitutional or that the indictment fails to state an offense are jurisdictional claims not waived by" Ruiz-Alvarez's guilty plea. United…

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