United States v. Marco Antonio Urias-Melendez, AKA Marcos A. Melendez

12 F.3d 1110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Marco Antonio URIAS-MELENDEZ, aka Marcos A. Melendez, Defendant-Appellant. No. 93-30162. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 16, 1993. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Marco Antonio Urias-Melendez appeals his conviction following jury trial for reentry following deportation after an aggravated felony conviction in violation of 8 U.S.C. Sec. 1326 (a), (b)(2). Urias-Melendez contends the district court erred by not giving his requested jury instruction regarding his failure to testify. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review de novo whether the jury instructions given adequately covered the defense theory when the district court rejected a proposed instruction. United States v. Gomez-Osorio, 957 F.2d 636, 642 (9th Cir.1992). 4 Upon request, a defendant…