United States v. Manuel Rodrigues-Barios ( 2023 )

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NOT FOR PUBLICATION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