United States v. Marciano Munoz-De La O

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 30 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-30100

Plaintiff-Appellee, D.C. No. 2:20-cr-00134-RMP-

v.

MEMORANDUM*

MARCIANO MUNOZ-DE LA O, AKA

Marciano Munoz, AKA Marciano Munoz- Delao,

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Washington Rosanna Malouf Peterson, District Judge, Presiding

Submitted April 22, 2024**

Before: CALLAHAN, LEE, and FORREST, Circuit Judges.

Marciano Munoz-De La O 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

* 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). dismiss the indictment. We have jurisdiction under 28…