Ballesteros-Selinger

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-50287 Plaintiff-Appellee, v.  D.C. No.

CR-04-01071-TJW

ELOY BALLESTEROS-SELINGER,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Southern District of California Thomas J. Whelan, District Judge, Presiding

Argued and Submitted June 6, 2006—Pasadena, California

Filed July 19, 2006

Before: Sidney R. Thomas and Ronald M. Gould, Circuit Judges, and William W Schwarzer,* Senior District Judge.

Opinion by Judge Gould

*The Honorable William W Schwarzer, Senior United States District Judge for the Northern District of California, sitting by designation. COUNSEL

Jodi D. Thorp and Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant- appellant.

Valerie H. Chu, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

OPINION

GOULD, Circuit Judge:

Upon a trial by jury, Eloy Ballesteros-Selinger (“Bal- lesteros”) was convicted of illegal re-entry following deporta- tion in violation of…