United States v. Leopoldo Rivera-Valdes

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-30177

Plaintiff-Appellee, D.C. No. v. 3:19-cr-00408-

IM-

LEOPOLDO RIVERA-VALDES,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the District of Oregon Karin J. Immergut, District Judge, Presiding

Argued and Submitted November 9, 2022 Portland, Oregon

Filed June 17, 2024

Before: Patrick J. Bumatay and Gabriel P. Sanchez, Circuit Judges, and M. Miller Baker,* International Trade Judge.

* The Honorable M. Miller Baker, Judge for the United States Court of International Trade, sitting by designation. USA V. RIVERA-VALDES

Per Curiam Opinion; Concurrence by Judge Bumatay; Concurrence by Judge Baker; Dissent by Judge Sanchez

SUMMARY**

Criminal Law

In a per curiam opinion, the panel affirmed the district court’s denial of Leopoldo Rivera-Valdes’s motion to dismiss an indictment charging him with illegal reentry under 8 U.S.C. § 1326 in a case in which Rivera-Valdes, who failed to appear at his 1994 deportation proceeding, argued…