United States v. Clemente Hernandez-Garcia

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-50228 Plaintiff-Appellee, D.C. No. v. 3:19-cr-04373-GPC-

CLEMENTE HERNANDEZ-

GARCIA, ORDER AND

Defendant-Appellant. AMENDED

OPINION

Appeal from the United States District Court for the Southern District of California Gonzalo P. Curiel, District Judge, Presiding

Argued and Submitted February 10, 2022 Pasadena, California

Filed May 4, 2022 Amended August 17, 2022

Before: Mary M. Schroeder, Kermit V. Lipez, * and Kenneth K. Lee, Circuit Judges.

Order; Opinion by Judge Lee

* The Honorable Kermit V. Lipez, United States Circuit Judge for the First Circuit, sitting by designation. UNITED STATES V. HERNANDEZ-GARCIA

SUMMARY **

Criminal Law

The panel filed (1) an order denying a petition for panel rehearing and denying on behalf of the court a petition for rehearing en banc, and (2) an opinion that amends a May 4, 2022, opinion affirming a conviction for illegal reentry after removal, in a case in which a Marine Corps surveillance unit spotted the defendant immediately…