United States v. Roberto Reveles-Ramos

97 F.3d 1462 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roberto REVELES-RAMOS, Defendant-Appellant. No. 95-10251. United States Court of Appeals, Ninth Circuit. Submitted March 12, 1996. 1 Decided Sept. 5, 1996. 1 Before: HALL and BRUNETTI Circuit Judges, and WEINER, 2 Senior District Judge. MEMORANDUM 3 2 Roberto Reveles-Ramos (Reveles) appeals his conviction for violation of 18 U.S.C. § 1326 (b)(2), re-entry into the United States by a previously deported aggravated felon. 4 Jurisdiction in the district court was based on 18 U.S.C. § 3231 ; jurisdiction on appeal is based on 28 U.S.C. § 1291 . For the reasons which follow, the judgment of conviction is affirmed. 3 Reveles argues, citing United States v. Ibarra, 3 F.3d 1333 (9th Cir.1993), that the district court improperly usurped the jury's function when it instructed the jury that Reveles had previously been legally deported. This argument is without…