Delgado-Martinez

MEMORANDUM ***

Martin Delgado-Martinez, a native and citizen of Mexico, was convicted of violating 8 U.S.C. § 1326 , Illegal Reentry Following Deportation, and now appeals his conviction. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. Because the parties are familiar with the facts, we will not set them out in detail.

The defendant first contends that the district court’s answer to the jury’s question effectively directed a verdict. He argues that the judge’s answer, that a green card is no longer valid after an alien is deported, impermissibly “prejudged a conclusion which the jury should reach of its own volition.” Whether the district court erred in answering a jury question is reviewed for abuse of discretion. United States v. Romero-Avila, 210 F.3d 1017, 1024 (9th Cir.2000). This court considers whether the judge’s answer was “misleading or confusing, inadequately guided the jury’s deliberations, or improperly intruded on the fact-finding process.” United States v. Warren, 25 F.3d 890, 898 (9th Cir.1994).

Here, the judge did not confuse, mislead, or inadequately guide the jury; she answered the jury’s question with a clear and correct statement of law. Further,…