United States v. Eligio Nunez-Elizarraraz

76 F.3d 390 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Eligio NUNEZ-ELIZARRARAZ, Defendant-Appellant. No. 95-50003. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 14, 1995. Decided Jan. 30, 1996. Before: BOOCHEVER, T.G. NELSON and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Since the parties are familiar with the facts, we need not recite them here. 3 Eligio Nunez-Elizarraraz ("Nunez") appeals his conviction on two grounds: (1) the jury selection process violated the Sixth Amendment; and (2) the district court erred in refusing to give his proposed "mere proximity" defense instruction. I. Jury Selection 4 As stated in United States v. Bertha Alicia Esquivel, --- F.3d ----, No. 94-50603 (9th Cir. filed January 30, 1996), we take judicial notice of the census statistics and hold that Nunez has failed to make a prima facie case for his Sixth Amendment claim. II. Jury Instructions 5 According to…