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UNITED STATES v. MEDINA-LUNA

No. 23-705.

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. GENARO MEDINA-LUNA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 12, 2024.

Attorney(s) appearing for the Case

Kenneth M. Miller , Law Office of Kenneth M. Miller, Capistrano Beach, California, for Defendant-Appellant.

Jordan Arakawa and James Miao , Assistant United States Attorneys; Daniel E. Zipp , Assistant United States Attorney, Chief, Appellate Section, Criminal Division; Badih Mouannes , Special Assistant United States Attorney; Tara K. McGrath , United States Attorney; United States Department of Justice, Office of the United States Attorney, San Diego, California; for Plaintiff-Appellee.

Opinion by Judge Graber.

OPINION

Defendant Genaro Medina-Luna timely appeals his sentence of 41 months of imprisonment, following his guilty plea to an information charging him with attempted reentry by a removed noncitizen, in violation of 8 U.S.C. § 1326. He raises two issues: whether his waiver of the right to a grand jury indictment...

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