United States v. Homero Ruiz-Calderon

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 29 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-30099

Plaintiff-Appellee, D.C. No. 2:20-cr-00032-WFN-

v.

MEMORANDUM*

HOMERO RUIZ-CALDERON, AKA

Homero Calderon-Ruiz, AKA Homero Ruiz,

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Washington Wm. Fremming Nielsen, District Judge, Presiding

Submitted March 26, 2024**

Before: TASHIMA, SILVERMAN, and KOH, Circuit Judges.

Homero Ruiz-Calderon appeals his conviction, following a conditional

guilty plea, for being an alien in the United States after deportation, in violation of

8 U.S.C. § 1326. He argues that the district court erred by denying his motion to

dismiss the indictment. We have jurisdiction under 28 U.S.C. § 1291, and we

* 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.…