FILED NOT FOR PUBLICATION MAY 22 2023 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-50145

Plaintiff-Appellee, D.C. No. 3:20-cr-01684-LAB-1 v.

MANUEL RODRIGUES-BARIOS, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding

Submitted December 8, 2022** Pasadena, California

Before: BEA, IKUTA, and CHRISTEN, Circuit Judges.

Manuel Rodrigues-Barios appeals his conviction for attempted illegal

reentry after deportation in violation of 8 U.S.C. § 1326. We have jurisdiction

under 28 U.S.C. § 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Contrary to Rodrigues-Barios’s argument, 8 U.S.C. § 1326 does not violate

the equal protection guarantee of the Fifth Amendment. See United States v.

Carrillo-Lopez, No. 21-10233, __ F.4th __ (9th Cir. 2023). Therefore, the district

court did not err in denying Rodrigues-Barios’s motion to dismiss his information.1

AFFIRMED.

1 Because Carrillo-Lopez determined, based on the relevant historical record, that Congress did not enact § 1326 with a racially discriminatory motive, we decline Rodrigues-Barios’s request to remand for an evidentiary hearing. 2