United States v. Jesus Lopez, Jr.

MEMORANDUM

Jesus Francisco Lopez, Jr. (“Lopez”) appeals his jury conviction and 63-month sentence for attempted unlawful exportation of ammunition, in violation of 18 U.S.C. § 554 (a). Because the parties are familiar with the factual and procedural history of the case, we do not recount it in detail here. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

First, Lopez argues that the district court erred by denying his motion for mistrial based on the prosecutor’s comments during closing arguments. Even assuming that the prosecutor’s comments were improper, we conclude that any error was harmless given the strong evidence supporting the government’s case. See United States v. Hernandez, 476 F.3d 791, 797 (9th Cir.2007).

Second, Lopez contends that the district court erred by giving the jury a deliberate ignorance instruction. We conclude that the district court did not abuse its discretion by giving the jury a deliberate ignorance instruction, especially given the nature of Lopez’s defense that he did not have actual knowledge. See United States v. Heredia, 483 F.3d 913, 921 (9th Cir. 2007) (en banc); United States v. Jewell, 532 F.2d 697, 700 (9th Cir.1976) (en…