Opinion
Case No.: 18mj20755-CEA-MMA
03-29-2019
UNITED STATES OF AMERICA, Plaintiff, v. COSME ROSAS-ROSAS, Defendant.
ORDER AFFIRMING JUDGMENT
Defendant Cosme Rosas-Rosas appeals the judgment entered following his guilty plea conviction of misdemeanor illegal entry, in violation of 8 U.S.C. § 1325. Rosas-Rosas challenges the constitutionality of his criminal proceedings under the Due Process and Equal Protection Clauses of the Fifth Amendment. The grounds for Rosas-Rosas' challenge have been uniformly rejected by other courts in this District. See United States v. Mouret-Romero, No. 18MJ22829-WQH, 2019 WL 1166951 (S.D. Cal. Mar. 13, 2019); United States v. Rivas-Villarreal, No. 18-MJ-20112-KSC-H-1, 2019 WL 937876 (S.D. Cal. Feb. 26, 2019); United States v. Soto-Felix, No. 18-MJ-20617-CEA-H-1, 2019 WL 848758 (S.D. Cal. Feb. 21, 2019); United States v. Mazariegos-Ramirez, No. 18MJ22276-WQH, 2019 WL 338923 (S.D. Cal. Jan. 28, 2019); United States v. Oscar Chavez-Diaz, No. 18MJ20098-KSC-AJB, Doc. No. 29; United States v. Miguel Jimenez-Ruiz, No. 18MJ20457-BLM-GPC, Doc. No. 18. This Court adopts the reasoning of those decisions and likewise concludes that the adjudication of Rosas-Rosas' criminal proceedings through a dedicated 1325 misdemeanor calendar did not violate his constitutional rights.
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: March 29, 2019
/s/_________
HON. MICHAEL M. ANELLO
United States District Judge