United States v. Manuel Rodrigues-Barios

FILED NOT FOR PUBLICATION MAY 22 2023 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 21-50145 Plaintiff-Appellee, D.C. No. 3:20-cr-01684-LAB-1 v. MANUEL RODRIGUES-BARIOS, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted December 8, 2022** Pasadena, California Before: BEA, IKUTA, and CHRISTEN, Circuit Judges. Manuel Rodrigues-Barios appeals his conviction for attempted illegal reentry after deportation in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. * 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).  Contrary to Rodrigues-Barios’s argument, 8 U.S.C. § 1326 does not violate the equal protection guarantee of the Fifth Amendment. See United States v. Carrillo-Lopez, No. 21-10233, __ F.4th __ (9th Cir. 2023). Therefore, the district court did not err in denying Rodrigues-Barios’s motion to dismiss his information.1 AFFIRMED. 1 Because Carrillo-Lopez determined, based on the relevant historical record, that Congress did not enact § 1326 with a racially discriminatory motive, we decline Rodrigues-Barios’s request to remand for an evidentiary hearing. 2