United States v. Erik Quiroz Razo

FILED

NOT FOR PUBLICATION

SEP 24 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-10021

Plaintiff-Appellee, D.C. No. 1:19-cr-00015-DAD-BAM-1 v.

ERIK QUIROZ RAZO, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of California Dale A. Drozd, District Judge, Presiding

Argued and Submitted September 3, 2021 San Francisco, California

Before: SCHROEDER, RAWLINSON, and BYBEE, Circuit Judges.

At trial, Appellant Erik Quiroz Razo (Quiroz) was convicted of a single

count of conspiracy to aid and abet Paulo Virgen Mendoza’s (Paulo) flight to avoid

prosecution. 18 U.S.C. §§ 2, 371, 1073. He now appeals on three grounds,

alleging that (1) the district court misstated the jury instructions and failed to

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. require the government to prove that Quiroz knew Paulo intended to cross state

lines, (2) the prosecution lacked…