United States v. Manuel Rodrigues-Barios

FILED

NOT FOR PUBLICATION

MAY 22 2023

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-50145

Plaintiff-Appellee, D.C. No. 3:20-cr-01684-LAB-1 v.

MANUEL RODRIGUES-BARIOS, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding

Submitted December 8, 2022** Pasadena, California

Before: BEA, IKUTA, and CHRISTEN, Circuit Judges.

Manuel Rodrigues-Barios appeals his conviction for attempted illegal

reentry after deportation in violation of 8 U.S.C. § 1326. We have jurisdiction

under 28 U.S.C. § 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Contrary to Rodrigues-Barios’s argument, 8 U.S.C. § 1326 does not violate

the equal protection guarantee of the Fifth Amendment. See United States…