United States v. Alberto Jose Del Muro, AKA Raul Torres-Garcia

996 F.2d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alberto Jose DEL MURO, aka Raul Torres-Garcia, Defendant-Appellant. No. 92-50257. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1992. Deferred Feb. 16, 1993. Resubmitted Feb. 18, 1993. Decided June 14, 1993. Before: WALLACE, Chief Judge, TROTT, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Raul Torres-Garcia (Torres) 1 appeals a jury conviction for falsely representing to the Immigration and Naturalization Service (INS) that he was a United States citizen in violation of 18 U.S.C. § 911 (1988). We reverse Torres' conviction because we conclude that the judge issued an improper jury instruction which removed an element of the crime from the jury's consideration. BACKGROUND 3 On September 17, 1991, an INS inspector stopped Torres, who was using the name "Alberto Jose Del Muro," at a primary checkpoint at the San Ysidro Port of…