United States v. Gustavo Lazcano-Neria

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 4 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-50068

Plaintiff-Appellee, D.C. No. 3:20-mj-04538-AHG-TWR-1 v.

GUSTAVO LAZCANO-NERIA, MEMORANDUM*

Defendant-Appellant.

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

Argued and Submitted February 14, 2024 Pasadena, California

Before: W. FLETCHER, NGUYEN, and LEE, Circuit Judges. Dissent by Judge W. FLETCHER.

Gustavo Lazcano-Neria (“Lazcano-Neria”) was convicted of “illegal entry”

under 8 U.S.C. § 1325(a)(1) on the basis of a post-arrest statement and other

evidence. Lazcano-Neria appeals the trial court’s admission of his post-arrest

statement and also challenges the constitutionality of § 1325. We have jurisdiction

under 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. “The adequacy of…