Yrigoyen

United States v. Yrigoyen

Good Law
39 F. App'x 530
United States Court of Appeals for the Ninth CircuitApril 17, 2002No. 00-50579; D.C. No. CR-98-00504-BAF-01California389 words

Opinion

Lead Opinion

MEMORANDUM ***

Carmen Salima Yrigoyen appeals her conviction for money laundering and conspiracy to commit money laundering. See 18 U.S.C. § 1956 . We affirm.

(1) Salima first claims that the district court did not properly instruct on entrapment because, in answer to a jury note, it referred the jury back to its instructions on that subject, and the prosecutor had given a misleading disquisition on what entrapment means. We disagree. The instruction itself was perfectly accurate, and nothing the jury asked suggested that it was confused about that. See United States v. McIver, 186 F.3d 1119, 1130 (9th Cir.1999); United States v. Hayes, 794 F.2d 1348, 1351 (9th Cir.1986). Therefore, it was proper to refer the jury to the pertinent instruction. To the extent that the prosecutor’s simplistic disquisition on entrapment was in error, the district court did not abuse its discretion when it obviated any problem by telling the jury that it was to “follow my instructions, not what was argued by the attorneys.” See United States v. de Cruz, 82 F.3d 856, 863 (9th Cir.1996); United States v. Mostella, 802 F.2d 358, 361 (9th Cir.1986); cf. McDowell v. Calderon, 130 F.3d 833, 837-39 (9th…

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