United States v. Francisco Javier Manon-Gomez

981 F.2d 1260 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Francisco Javier MANON-GOMEZ, Defendant-Appellant. No. 92-50185. United States Court of Appeals, Ninth Circuit. Submitted Dec. 11, 1992. * Decided Dec. 16, 1992. Before FERGUSON, CANBY and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Francisco Javier Manon-Gomez appeals his conviction and sentence, following a jury trial, for illegal reentry into the United States in violation of 8 U.S.C. § 1326 . Manon-Gomez contends that the district court erred by (1) giving three jury instructions that were improperly argumentative, and (2) imposing a sentence that exceeded the statutory maximum. We affirm the conviction, vacate the sentence, and remand for resentencing. 3 * We review the district court's formulation of the jury instructions for an abuse of discretion. United States v. Castillo, 866 F.2d 1071, 1086 (9th Cir.1989). A claim of error relating to jury…