Opinion
Case No.: 18mj20431-RNB-MMA
02-19-2019
UNITED STATES OF AMERICA, Plaintiff, v. ROBERTO CARLOS LOPEZ-PEREZ, Defendant.
ORDER AFFIRMING JUDGMENT
Roberto Carlos Lopez-Perez appeals the judgment entered following his guilty plea conviction of misdemeanor illegal entry in violation of 8 U.S.C. § 1325. Lopez-Perez challenges the constitutionality of the statute of conviction under the Equal Protection Clause of the Fifth Amendment in light of the United States Supreme Court's holding in Sessions v. Morales-Santana, 137 S. Ct. 1678 (2017). The grounds for Lopez-Perez's facial challenge have been rejected by district and circuit courts alike. See United States v. Madero-Diaz, No. 17-50347, 2019 U.S. App. LEXIS 4501 (9th Cir. Feb. 14, 2019) (rejecting facial equal protection challenge to 8 U.S.C. § 1326); United States v. Duffy, Nos. 17-50414, 17-50415, 2019 U.S. App. LEXIS 4499 (9th Cir. Feb. 14, 2019) (same); United States v. Valdivia-Munoz, No. 18-mj-20433-RNB-H-1, 2018 WL 5311742 (S.D. Cal. Oct. 26, 2018) (rejecting facial equal protection challenge to 8 U.S.C. § 1325); United States v. Ayun-Flores, No. 16cr1115-BEN, 2017 WL 4391701 (Oct. 2, 2017) (same); United States v. Hernandez-Gamez, No. 17cr917-BEN, 2017 WL 4125079 (S.D. Cal. Sept. 18, 2017) (same). This Court adopts the reasoning of those decisions and likewise concludes that Lopez-Perez was not "convicted under a law classifying on an impermissible basis." Morales-Santana, 137 S. Ct. at 1699 n.24. As such, his equal protection challenge fails.
The Court has jurisdiction over this appeal pursuant to 18 U.S.C. § 3402.
Accordingly, the Court AFFIRMS the judgment.
IT IS SO ORDERED. DATE: February 19, 2019
/s/_________
HON. MICHAEL M. ANELLO
United States District Judge