United States v. Jose Heriberto Rios-Gonzalez

42 F.3d 1404 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose Heriberto RIOS-GONZALEZ, Defendant-Appellant. No. 94-30015. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1994. * Decided Nov. 18, 1994. Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Jose Heriberto Rios-Gonzalez appeals his conviction following a jury trial for being found in the United States after a prior deportation and following an aggravated felony conviction, in violation of 8 U.S.C. Sec. 1326 (a), (b)(2). Rios-Gonzalez contends that the government presented insufficient evidence to prove that he was an alien. We have jurisdiction under 28 U.S.C. Sec. 1291 , and affirm. 3 In evaluating the sufficiency of the evidence, we ordinarily review the evidence in the light most favorable to the prosecution to determine whether any rational juror could have found the essential elements of the offense beyond…