Ballesteros-Selinger

United States v. Ballesteros-Selinger

Good Law
231 F. App'x 652
United States Court of Appeals for the Ninth CircuitMay 9, 2007No. 05-50287California2,285 words

Opinion

Lead Opinion

ORDER

The panel hereby withdraws the memorandum disposition filed on July 19, 2006.

Appellant has filed a Petition for Rehearing which relates both to the opinion and the memorandum disposition filed July 19, 2006. To the extent that the Petition for Rehearing relates to the opinion, the Petition for Rehearing is denied. To the extent the Petition for Rehearing relates to the memorandum disposition which has been withdrawn by order, the Petition for Rehearing is denied as moot.

MEMORANDUM **

A jury convicted Eloy Ballesteros-Selinger (“Ballesteros”) of illegal re-entry following deportation in violation of 8 U.S.C. § 1326 . He was sentenced to a 57-month term of imprisonment. 1 Ballesteros appeals the district court’s denial of his motions to suppress a statement he gave after his warrantless arrest, the district court’s denial of his motion to dismiss the indictment, several evidentiary rulings made during his trial, the court’s denial of two requested jury instructions, and his sentence. We have jurisdiction under 28 U.S.C. § 1291 . We affirm the conviction but remand for resentencing.

A. Motions to Suppress Ballesteros’s Post-Arrest Statement

The district court did not…

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