United States v. Luis Cruz-Valles

357 F. App'x 160

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 11, 2009
• Docket: 08-50292
• Status: Unpublished

Opinion

MEMORANDUM **

The government appeals from the district court’s judgment dismissing an indictment that charged Luis Enrique Cruz-Valles with being a deported alien 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, — U.S. -, 130 S.Ct. 435, 175 L.Ed.2d 298 (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.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.