United States v. Dennis Danston Rhaburn

2 F.3d 1159 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dennis Danston RHABURN, Defendant-Appellant. No. 92-50693. United States Court of Appeals, Ninth Circuit. Submitted July 16, 1993. * Decided Aug. 10, 1993. 1 Before: WOOD ** , REINHARDT, and RYMER, Circuit Judges 2 MEMORANDUM *** 3 Dennis Danston Rhaburn appeals his conviction of possession of a firearm by an alien illegally or unlawfully in the United States, 18 U.S.C. Sec. 922 (g)(5). 1 He challenges the district court's denial of his motion to dismiss, restriction of argument, and jury instructions. We affirm. 4 Rhaburn concedes that he entered the United States without inspection. Entry without inspection is illegal entry, rendering Rhaburn deportable. See 8 U.S.C. Sec. 1251 (a)(1)(B). However, Rhaburn contends that he was no longer "illegally or unlawfully in the United States" once the INS "authorized" his presence by releasing him on his own recognizance…