United States v. Efren Becerra-Flores

24 F.3d 250 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Efren BECERRA-FLORES, Defendant-Appellant. No. 93-50487. United States Court of Appeals, Ninth Circuit. Submitted May 2, 1994. * Decided May 5, 1994. 1 Before: KOZINSKI and TROTT, Circuit Judges, and WILLIAMS, ** District Judge. 2 MEMORANDUM *** 3 A. In light of the Supreme Court's recent decision in Victor v. Nebraska, 62 U.S.L.W. 4179 (U.S. Mar. 22, 1994), we find that the jury instruction given at Becerra-Flores's trial satisfied the requirements of due process. 4 Victor held that due process does not require trial courts to define reasonable doubt as "a matter of course." Id. at 4180 . Instead, "taken as a whole, the instructions [must] correctly convey the concept of reasonable doubt to the jury." Id. (quoting Holland v. United States, 348 U.S. 121, 140 (1954)) (alteration in original). 5 As the Court found that the instructions in Victor conveyed this concept…