United States v. Gustavo Carrillo-Lopez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-10233

Plaintiff-Appellant, D.C. Nos. 3:20-cr-00026- v. MMD-WGC-1 3:20-cr-00026-

GUSTAVO CARRILLO-LOPEZ, MMD-WGC

Defendant-Appellee. OPINION

Appeal from the United States District Court for the District of Nevada Miranda M. Du, Chief District Judge, Presiding

Argued and Submitted December 8, 2022 Pasadena, California

Before: Carlos T. Bea, Sandra S. Ikuta, and Morgan Christen, Circuit Judges.

Opinion by Judge Ikuta 2 UNITED STATES V. CARRILLO-LOPEZ

SUMMARY*

Criminal Law

In a case in which the government charged Gustavo Carrillo-Lopez, a citizen of Mexico, with illegally reentering the United States following prior removal in violation of 8 U.S.C. § 1326, the panel reversed the district court’s order granting Carrillo-Lopez’s motion to dismiss the indictment on the ground that § 1326 violates the equal protection guarantee of the Fifth Amendment and is therefore facially invalid. Carrillo-Lopez asserted that § 1326 violates the Fifth Amendment because it…