Mendoza

United States v. Mendoza

Good Law
133 F. App'x 430
United States Court of Appeals for the Ninth CircuitJune 6, 2005No. 04-30315California407 words

Opinion

Lead Opinion

MEMORANDUM *

Antonio Guerra Mendoza (“Mendoza”) appeals his conviction and sentence, after a stipulated facts bench trial, for aggravated sexual abuse of an Indian person under 12 years of age on an Indian reservation. Mendoza argues that his indictment under 18 U.S.C. § 1152 should have been dismissed for failure to allege that he is non-Indian, and that the district court should have admitted evidence of his failed polygraph examination. The district court’s amended judgment imposing alternate sentences constitutes a final decision, which is appealable pursuant to 28 U.S.C. § 1291 . See United States v. Williams, 891 F.2d 212, 213 (9th Cir.1989). We affirm in part and vacate and remand for further proceedings.

Mendoza first argues that his indictment was deficient because it failed to *432 allege that he is non-Indian. This argument is foreclosed by our decision in United States v. Hester, 719 F.2d 1041, 1042 (9th Cir.1983) (holding that the government need not allege a defendant’s non-Indian status in an indictment under 18 U.S.C. § 1152 ). Thus, we affirm the district court’s denial of Mendoza’s motion to dismiss his indictment.

Mendoza next challenges the district…

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