Perez-Reyes

United States v. Perez-Reyes

Good Law
83 F. App'x 922
United States Court of Appeals for the Ninth CircuitDecember 15, 2003No. 02-50551, 02-50598California300 words

Opinion

Lead Opinion

MEMORANDUM **

In this consolidated appeal, Santos Perez-Reyes appeals his conditional guilty plea conviction to felony illegal entry, in violation of 8 U.S.C. § 1325 ; and the revocation of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Perez-Reyes contends that the district court erred by failing to dismiss the indict *923 ment or suppress all evidence seized, including his identity, as a result of his unlawful arrest. Reviewing de novo, we affirm the district court. See United States v. Guzman-Bruno, 27 F.3d 420, 421 (9th Cir.1994) (holding that “[a] defendant’s identity need not be suppressed merely because it is discovered as the result of an illegal arrest or search”). We also decline Perez-Reyes’s request that we recommend that the Ninth Circuit reconsider its holding in Guzman-Bruno en banc. See Fed. R.App. P. 35 and 40; see also United States v. Wylie, 625 F.2d 1371 , 1378 n. 10 (9th Cir.1980) (noting “that en banc hearings are disfavored and generally are only ordered when there is (1) an intracircuit conflict, or (2) a question of exceptional importance”).

Perez-Reyes also contends that the district court erred by failing to…

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