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U.S. v. Diaz-Toledo, 18-mj-20070-KSC-LAB. (2019)

Court: District Court, N.D. California Number: infdco20190312882 Visitors: 17
Filed: Mar. 11, 2019
Latest Update: Mar. 11, 2019
Summary: ORDER STAYING PROCEEDINGS LARRY ALAN BURNS , Chief District Judge . On July 11, 2018, Fabian Diaz-Toledo pled guilty to eluding examination or inspection in violation of 8 U.S.C. 1325(a)(2). Dkt. No. 4. Diaz appeals his guilty plea to the district court. Dkt. No. 10. Diaz's appeal turns in part on a legal dispute about the elements of 8 U.S.C. 1325(a)(2). Two cases pending before the United States Court of Appeals for the Ninth Circuit— United States v. Corrales-Vazquez, 18-50206 and
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ORDER STAYING PROCEEDINGS

On July 11, 2018, Fabian Diaz-Toledo pled guilty to eluding examination or inspection in violation of 8 U.S.C. § 1325(a)(2). Dkt. No. 4. Diaz appeals his guilty plea to the district court. Dkt. No. 10. Diaz's appeal turns in part on a legal dispute about the elements of 8 U.S.C. § 1325(a)(2). Two cases pending before the United States Court of Appeals for the Ninth Circuit—United States v. Corrales-Vazquez, 18-50206 and United States v. Perez-Martinez, 18-50266—may resolve this dispute. Diaz was sentenced to time served and is no longer in custody. Dkt. Nos. 4-5.

Further proceedings in this case are stayed pending the Ninth Circuit's decision in Corrales-Vazquez, 18-50206 or Perez-Martinez, 18-50266, or until further order of the Court.

IT IS SO ORDERED.

Source:  Leagle

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