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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 30 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 22-30100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-1 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 U.S.C. § 1291, and we affirm. Munoz-De La O contends that § 1326 violates his equal protection rights under the Fifth Amendment because Congress passed the statute with a discriminatory purpose. As he acknowledges in his opening brief, this court rejected that argument in United States v. Carrillo-Lopez, 68 F.4th 1133 (9th Cir. 2023), cert. denied, 144 S. Ct. 703 (2024), and we are bound by that decision, see Miller v. Gammie, 335 F.3d 889, 900 (9th Cir. 2003) (en banc). AFFIRMED. 2 22-30100