U.S. Court of Appeals for the Fifth Circuit, 2014

United States v. Victor Cardiel-Gonzalez

United States v. Victor Cardiel-Gonzalez
U.S. Court of Appeals for the Fifth Circuit · Decided February 26, 2014 · Higginbotham, Dennis, Graves
557 F. App'x 340

United States v. Victor Cardiel-Gonzalez

Opinion

PER CURIAM: *

Victor Manuel Cardiel-Gonzalez appeals his conviction for illegal reentry following removal. He contends that the district court erred in denying his motion to dismiss the indictment, arguing that he met the requirements for a successful collateral challenge to the underlying removal proceeding. The Government counters that Cardiel-Gonzalez waived his objections to the underlying removal proceeding by entering a non-conditional guilty plea.

“A plea of guilty admits all the elements of a formal criminal charge and waives all non-jurisdictional defects in the proceedings leading to conviction.” United States v. Cothran, 302 F.3d 279, 285-86 (5th Cir. 2002) (internal quotation marks and citation omitted). Defects in an indictment do not deprive the court of jurisdiction. United States v. Cotton, 535 U.S. 625, 630-31, 122 S.Ct. 1781, 152 L.Ed.2d 860 (2002). Thus, even an objection that the indictment fails to allege a federal offense is not jurisdictional and “goes only to the merits of the case.” Id. at 631, 122 S.Ct. 1781 (internal quotation marks and citation omitted). Accordingly, the judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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