United States v. Jose Miranda-Reyes ( 2023 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 22 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Nos. 20-30057
20-30058
Plaintiff-Appellee,
D.C. Nos. 1:19-cr-02033-SMJ-1
v. 1:16-cr-02005-SMJ-1
JOSE JESUS MIRANDA-REYES, AKA MEMORANDUM*
Antolin Chavez Sandobal, AKA Jose
Miranda, AKA Jose Reyes,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Salvador Mendoza, Jr., District Judge, Presiding
Submitted February 14, 2023**
Before: FERNANDEZ, FRIEDLAND, and H.A. THOMAS, Circuit Judges.
In these consolidated appeals, Jose Jesus Miranda-Reyes appeals his guilty-
plea conviction for being an alien in the United States after deportation, in
violation of 8 U.S.C. § 1326, and the revocation of supervised release predicated in
*
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).
part on that conviction. We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
Miranda-Reyes argues that the district court should have dismissed the
indictment and petition to revoke supervised release because deficiencies in the
notices to appear in his removal proceedings deprived the immigration court of
jurisdiction to order his removal. During the pendency of this appeal, we decided
United States v. Bastide-Hernandez, which forecloses Miranda-Reyes’s claim. See
39 F.4th 1187, 1192-93 (9th Cir. 2022) (en banc) (holding that defects in a notice
to appear do not deprive the immigration court of subject matter jurisdiction), cert.
denied, No. 22-6281, 2023 WL 350056 (U.S. Jan. 23, 2023).
AFFIRMED.
2 20-30057 & 20-30058