United States v. Abel Hernandez-Solis

51 F.3d 283 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Abel HERNANDEZ-SOLIS, Defendant-Appellant. No. 94-50060. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1994. Decided March 22, 1995. Before: CANBY, LEAVY, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Abel Hernandez-Solis (Hernandez-Solis) appeals his conviction pursuant to 8 U.S.C. Secs. 1326 (a), (b)(1) and (b)(2) and his sentence under the Sentencing Guidelines. We affirm. A. Jury Instruction 3 We reject Hernandez-Solis' argument that the district court should have instructed the jury that he could not be "found in" the United States unless he surreptitiously reentered. See United States v. Ortiz-Villegas, No. 94-50107, slip op. at 2762 (9th Cir. March 13, 1995). "The plain language of the statute does not suggest that surreptitious entry is a prerequisite to prosecution for being 'found in' the United States." Id. B. Downward…