United States v. Medina-Luna, No. 23-705 (9th Cir. 2024)
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Genaro Medina-Luna, a Mexican national, was charged with attempted reentry by a removed noncitizen, a violation of 8 U.S.C. § 1326, after he was found concealed in the trunk of a car at the Otay Mesa, California Port of Entry. Medina-Luna had been previously removed from the United States five times between 2006 and 2022. He waived his right to a grand jury indictment and pleaded guilty unconditionally. The district court sentenced him to 41 months of imprisonment, a downward variance from the Guideline range of 63–78 months, considering his sincere family reasons for reentry and overcoming methamphetamine addiction.
Medina-Luna appealed his sentence, raising two issues: the validity of his waiver of the right to a grand jury indictment and the substantive reasonableness of his sentence. The United States Court of Appeals for the Ninth Circuit held that Medina-Luna waived his right to appeal the validity of his waiver of indictment by entering an unconditional guilty plea. The court overruled a previous decision, United States v. Travis, which characterized any defect in the waiver of indictment as jurisdictional, citing the Supreme Court’s decision in United States v. Cotton, which held that defects in an indictment do not deprive a court of jurisdiction.
Regarding the substantive reasonableness of the sentence, the court found no abuse of discretion. The district court had considered the statutory factors under 18 U.S.C. § 3553(a), acknowledged Medina-Luna's sincere family reasons for reentry, and his overcoming of methamphetamine addiction. The court affirmed the 41-month sentence, which was the sentence Medina-Luna himself had requested. The appeal was dismissed in part and affirmed in part.
Court Description: Criminal Law The panel dismissed in part Medina-Luna’s appeal from the 41-month prison sentence imposed following his guilty plea to an information charging him with attempted reentry by a removed noncitizen in violation of 8 U.S.C. § 1326, and otherwise affirmed.
Medina-Luna challenged the validity of his waiver of a grand jury indictment. The panel held that Medina-Luna waived the right to appeal that issue by pleading guilty unconditionally. Relying on the Supreme Court’s decision in United States v. Cotton, 535 U.S. 625 (2002) (holding that defects in an indictment do not deprive a court of jurisdiction), the panel held that an error in procuring a knowing and voluntary waiver of indictment is nonjurisdictional and is therefore waived by a defendant’s subsequent guilty plea.
Citing Miller v. Gammie, 335 F.3d 889 (9th Cir. 2003) (en banc) (holding that a three-judge panel may recognize a decision as overruled if it is clearly irreconcilable with a later precedent from the Supreme Court), the panel overruled United States v. Travis, 735 F.2d 1129 (9th Cir. 1984), to the extent Travis characterized any defect in the waiver of indictment as jurisdictional. The panel took the opportunity to reaffirm that Miller remains good law in all respects. Seeing no abuse of discretion, the panel held that the sentence was substantively reasonable.
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