United States v. Villapondo-Rodriguez

92 F.3d 1195 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rafael VILLAPONDO-RODRIGUEZ, a/k/a Rafael Montano Villapando, a/k/a Hector Manuel Rodriguez, a/k/a Alejandro Montano Villapando, a/k/a Alejandro Munoz Ramirez, Defendant-Appellant. No. 95-50229. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided July 30, 1996. Before: CANBY, NOONAN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Rafael Villapondo-Rodriguez appeals his conviction for being a deported alien found in the United States after having been convicted of an aggravated felony in violation of 8 U.S.C. § 1326 (a) and (b)(2). Villapondo-Rodriguez contends that he was denied a fair trial and that his conviction should be reversed because of: (1) the district court's sua sponte instruction to disregard part of a government witness's testimony; and (2) the prosecutor's statement during closing argument that Villapondo-Rodriguez…