Reyes-Salgado

MEMORANDUM **

Miguel Reyes-Salgado appeals his conviction and sentence, following a jury trial, for illegal entry into the United States after deportation in violation of 8 U.S.C. § 1326 (a) and (b)(2).

First, Reyes-Salgado contends that the district court improperly denied his motion to dismiss the indictment. Specifically, Reyes-Salgado argues that the government’s refusal to grant him an immigration asylum hearing violated his right to due process. This argument is without merit.

We have held that:

United States v. Barrera-Moreno, 951 F.2d 1089, 1091 (9th Cir.1991) (internal citations omitted). “Dismissal of an indictment on due process grounds is reviewed de novo; dismissal based on the court’s supervisory powers is reviewed for abuse of discretion.” Id.

The district court did not err in denying Reyes-Salgado’s motion to dismiss the indictment. Reyes-Salgado cites no authority for the proposition that a district court must dismiss a criminal indictment to enable an undocumented alien to obtain asylum. Furthermore, ReyesSalgado has not demonstrated prejudice. See United States v. Jacobs, 855 F.2d 652, 655 (9th Cir.1988) (conduct must be flagrant and prejudicial).…