United States v. Yepez-Bedolla

68 F. App'x 53

Opinion

MEMORANDUM**

Ernesto Yepez-Bedolla appeals his jury conviction of attempting to re-enter the United States after deportation in violation of 8 U.S.C. § 1326(a). Yepez-Bedolla contends that his conviction cannot stand because at all times during the alleged attempt to re-enter he was never free from official restraint and because the district court refused to instruct the jury that “official restraint” precludes a conviction for attempted re-entry. These contentions are foreclosed by United States v. Leos-Maldonado, 302 F.3d 1061, 1063-64 (9th Cir.2002). See also United States v. Riverar-Relle, 322 F.3d 670, 675 (9th Cir.2003) (the offense of attempting to enter the United States does not require that the defendant be free from official restraint).

AFFIRMED.

Footnotes

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.