United States v. Ulises Lucas-Hernandez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-50110

Plaintiff-Appellee, D.C. No. 3:19-mj-24522- v. LL-TWR-

ULISES ROMEO LUCAS-

HERNANDEZ, 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 April 8, 2024 Pasadena, California

Filed May 23, 2024

Before: Marsha S. Berzon and Salvador Mendoza, Jr., Circuit Judges, and Susan R. Bolton,* District Judge.

Opinion by Judge Bolton

* The Honorable Susan R. Bolton, United States District Judge for the District of Arizona, sitting by designation. USA V. LUCAS-HERNANDEZ

SUMMARY **

Criminal Law

The panel affirmed the district court’s ruling upholding Romeo Lucas-Hernandez’s misdemeanor conviction for attempted illegal entry under 8 U.S.C. § 1325(a)(1), following a bench trial before a magistrate judge, in a case in which Lucas-Hernandez asserted that the magistrate judge erred by admitting a border patrol…