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UNITED STATES v. MELGAR-DIAZ

Nos. 20-50010, 20-50011.

2 F.4th 1263 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel MELGAR-DIAZ, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Joaquin Benito-Mendoza, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 29, 2021.

Attorney(s) appearing for the Case

Doug Keller (argued), Law Office of Doug Keller, San Diego, California, for Defendant-Appellant Manuel Melgar-Diaz.

Kara Hartzler , Federal Defenders of San Diego Inc., San Diego, California, for Defendant-Appellant Joaquin Benito-Mendoza.

Zachary J. Howe (argued), Assistant United States Attorney; Daniel E. Zipp , Chief, Appellate Section, Criminal Division; Robert S. Brewer, Jr. , United States Attorney; United States Attorney's Office, San Diego, California; for Plaintiff-Appellee.

Before: Jay S. Bybee and Daniel A. Bress, Circuit Judges, and Kathleen Cardone, District Judge.

OPINION

The defendants in this case pleaded guilty to entering the United States from Mexico at a time or place other than as designated by immigration officers, in violation of 8 U.S.C. § 1325(a)(1). Defendants argue that § 1325(a)(1) is an unconstitutional delegation of legislative power to immigration...

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