United States v. Fernando Gonzales-Vergara

MEMORANDUM

Fernando Gonzales-Vergara (“Gonzales”) appeals from his jury conviction for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Gonzales argues first that the district court erred in denying his motion for judgment of acquittal challenging the sufficiency of the evidence of his August 12, 2003 removal. This court reviews de novo the district court’s denial of a motion for acquittal based on insufficiency of the evidence. United States v. Gonzalez, 528 F.3d 1207, 1211 (9th Cir.2008). We affirm the district court’s ruling because, viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could have found that Gonzales was deported on August 12, 2003 beyond a reasonable doubt. See id.

We reject Gonzales’ claim that he was denied his right to effective assistance of counsel because he cannot show prejudice. See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

We review Gonzales’ remaining claims for plain error. See United States v. Marcus, - u.S. -, 130 S.Ct. 2159, 2164 , 176 L.Ed.2d 1012 (2010). Even…