United States of America v. Ramon Garcia-Yepez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RAMON GARCIA-YEPEZ,
Defendant - Appellant.
No. 14-30192
D.C. No. 6:13-cr-00338-AA-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Ann L. Aiken, Chief District Judge, Presiding
Submitted October 16, 2015**
Portland, Oregon
Before: TASHIMA and BEA, Circuit Judges and BURNS,*** District Judge.
Ramon Garcia-Yepez was indicted for violating 8 U.S.C. § 1326(a). He filed
a motion to dismiss the indictment in district court. The court denied the motion.
FILED
OCT 28 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Larry A. Burns, District Judge for the U.S. District
Court for the Southern District of California, sitting by designation.

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He pleaded guilty and was convicted. He appeals his conviction and argues that the
district court wrongly denied his motion to dismiss.
We review de novo the denial of a motion to dismiss an indictment under 8
U.S.C. § 1326 when the motion is based on alleged due process defects in an
underlying deportation proceeding. United States v. Alvarado-Pineda, 774 F.3d
1198, 1201 (9th Cir. 2014) (citing United States v. Ubaldo-Figueroa, 364 F.3d
1042, 1047 (9th Cir. 2004)).
The immigration judge in the underlying deportation proceeding did not err
when he informed Garcia-Yepez that he was removable based on his conviction in
state court for possessing methamphetamine in violation of California Health &
Safety Code section 11377(a). The judge’s assertion was correct. Coronado v.
Holder, 759 F.3d 977, 984-86 (9th Cir. 2014). Furthermore, the immigration judge
did not err by relying on Garcia-Yepez’s in-court admission that he was convicted
of possessing methamphetamine. In light of Garcia-Yepez’s admission, the
immigration judge did not need to consult the documents of conviction. Perez-
Mejia v. Holder, 663 F.3d 403, 410, 416 (9th Cir. 2011).
Garcia-Yepez’s argument that the immigration judge violated his due
process rights is without merit. Thus, the district court properly denied his motion
to dismiss the indictment.
AFFIRMED.

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