Garcia-Benavides

*687 MEMORANDUM **

Humberto Garcia-Benavides appeals his conviction for being found in the United States after previously being deported, in violation of 8 U.S.C. § 1326 (a). We affirm.

Garcia-Benavides argues that the district court erred when it instructed the jury on the “official restraint” doctrine. We review de novo the district court’s instructions to the jury to determine whether they misstated elements of 8 U.S.C. § 1326 and whether they adequately presented Garcia-Benavides’ proffered defense. See United States v. Patterson, 292 F.3d 615, 629-30 (9th Cir.2002). Any failure by the district court to properly instruct the jury on an element of the offense is harmless if it is “clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error.” United States v. Gracidas-Ulibarry, 231 F.3d 1188, 1197 (9th Cir.2000) (en banc) (internal quotation omitted).

The district court correctly instructed the jury that, in order for Garcia-Benavides to be deemed not to have yet entered the United States, he must be under official restraint “at all times” during and subsequent to his crossing the border. Under the official restraint doctrine,…