In United States v. Medina-Luna, --- F.4th ---, No. 23-705 (9th Cir. 2024), the Court dismissed in part and affirmed 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.
Medina-Luna challenged the validity of his waiver of a grand jury indictment. The Court 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 Court took the opportunity to reaffirm that Miller remains good law in all respects.
The Court also held the sentence was substantively reasonable.
