Legal Opinion

United States v. Encarnacion Gonzalez-Villalobo

Court of Appeals for the Ninth Circuit

Decided July 26, 2013No. 12-30150PublishedCited by 24 opinions

1Opinion of the Court

OPINION

PAEZ, Circuit Judge:

Defendant Encarnación Gonzalez-Villalobos appeals his conviction for illegal reentry after a prior deportation in violation of 8 U.S.C. § 1326. In the district court he moved to dismiss the indictment on the ground that the prior deportation order was fundamentally unfair. See 8 U.S.C. § 1326(d). After the district court denied his motion, Gonzalez-Villalobos entered a conditional guilty plea, preserving his right to appeal the denial of the motion. On appeal, he renews his challenge to the prior deportation order.

When a defendant collaterally attacks the validity…

2Cases cited25 opinions

  1. United States v. Mendoza-LopezSupreme Court of the United States · 1987
  2. United States v. Moses Corona-Sanchez, A/K/A Enrique Sanchez-CoronaCourt of Appeals for the Ninth Circuit · 2002
  3. United States v. Jose Alfredo Pallares-GalanCourt of Appeals for the Ninth Circuit · 2004
  4. United States v. Isidro Ubaldo-FigueroaCourt of Appeals for the Ninth Circuit · 2004
  5. United States of America, Plaintiff-Appellee-Cross-Appellant v. Juan Mario Arrieta, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Ninth Circuit · 2000

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3Cited by24 opinions

  1. United States v. Edwin FloresCourt of Appeals for the Ninth Circuit · 2018
  2. United States v. Faustino GomezCourt of Appeals for the Ninth Circuit · 2014
  3. United States v. Roberto LopezCourt of Appeals for the Ninth Circuit · 2014
  4. United States v. Jose OchoaCourt of Appeals for the Ninth Circuit · 2017
  5. Morshed Alam v. Merrick GarlandCourt of Appeals for the Ninth Circuit · 2021

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