United States v. Melchor Orozco-Orozco

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-50146

Plaintiff-Appellee, D.C. No. 3:21-cr-02349- v. TWR-

MELCHOR OROZCO-OROZCO,

OPINION

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Todd W. Robinson, District Judge, Presiding

Argued and Submitted August 15, 2023 Pasadena, California

Filed March 12, 2024

Before: Kim McLane Wardlaw, Morgan Christen, and Jennifer Sung, Circuit Judges.

Opinion by Judge Christen USA V. OROZCO-OROZCO

SUMMARY *

Criminal Law

In a case in which Melchor Orozco-Orozco was convicted of being a previously removed alien found in the United States in violation of 8 U.S.C. § 1326, the panel affirmed the district court’s order denying Orozco’s motion to dismiss his indictment on equal protection grounds, reversed the district court’s order denying Orozco’s motion to dismiss under 8 U.S.C. § 1326(d), and remanded for further proceedings. Orozco conceded that his equal protection argument is foreclosed by United States v. Carillo-Lopez, 68 F.4th 1133…