United States v. Luis Cruz-Valles
UNITED STATES of America, Plaintiff—Appellant, v. Luis Enrique CRUZ-VALLES, Defendant—Appellee
- Area
- other
- Panel
- Arthur L. Alarcon (author), Atsushi W. Tashima, Stephen S. Trott
Analysis
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Opinion
FILED NOT FOR PUBLICATION DEC 11 2009
MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 08-50292 Plaintiff - Appellant, D.C. No. 3:08-cr-00401-H v. MEMORANDUM * LUIS ENRIQUE CRUZ-VALLES, Defendant - Appellee.
Appeal from the United States District Court for the Southern District of California Marilyn L. Huff, District Judge, Presiding Submitted November 17, 2009 ** Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
The government appeals from the district court’s judgment dismissing an indictment that charged Luis Enrique Cruz-Valles with being a deported alien * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
EF/Research found in the United States, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, see United States v. Gonzalez-Valerio, 342 F.3d 1051, 1053 (9th Cir. 2003), and we vacate and remand.
The government contends that the judgment must be reversed in light of our intervening decisions in United States v. Marguet-Pillado, 560 F.3d 1078 (9th Cir.), cert. denied, 2009 WL 2947085 (2009), and Martinez-Madera v. Holder, 559 F.3d 937 (9th Cir. 2009). We agree.
We decline to address Cruz-Valles’ argument that Marguet-Pillado and Martinez-Madera should be overruled. See United States v. Lynch, 367 F.3d 1148, 1158 (9th Cir. 2004) (per curiam).
We therefore vacate and remand for proceedings consistent with this disposition.
VACATED and REMANDED.
EF/Research 2 08-50292