Nunez-Inzunza

MEMORANDUM **

Carlos Nunez-Inzunza was convicted by a jury of one count each of attempted entry after deportation in violation of 8 U.S.C. § 1326 , and willfully misrepresenting to an INS inspector that he was a United States citizen in violation of 18 U.S.C. § 911 . He appeals his conviction and sentence of eighty-four months’ imprisonment, claiming that the district court abused its discretion in denying him a mistrial, and erred in enhancing his sentence for his previous conviction of an aggravated felony, when it was not charged in the indictment or proven beyond a reasonable doubt at trial. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not abuse its discretion in denying the motion for a mistrial. Nunez based his motion on a government witness’s inadvertent mention that Nunez “had been involved in different types of criminal activities.” The government does not dispute that this was improper under United States v. Blanco-Gallegos, 188 F.3d 1072, 1075 (9th Cir.1999). The district court, however, cured any error when it immediately told the jury to disregard the improper evidence, and later instructed the jury that the evidence must…