United States v. Jose Villegas-Guitierrez

MEMORANDUM

Jose Fernando Villegas-Gutierrez appeals his jury conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 . We affirm the judgment of the district court.

1. The district court did not err in refusing to provide Villegas’s requested jury instruction on official restraint. There was no evidence in the record that Villegas was under continuous surveillance at any time before or after he crossed the border into the United States. See United States v. Bello —Bahena, 411 F.3d 1083, 1089 (9th Cir.2005) (stating that a defendant is entitled to a jury instruction when the instruction is “supported by law” and has “some foundation in the evidence” (quoting United States v. Fejes, 232 F.3d 696, 702 (9th Cir.2000))). The only evi dence of actual surveillance was the triggering of a seismic sensor at the border which, under our case law, does not constitute official restraint. See United States v. Vela-Robles, 397 F.3d 786, 789 (9th Cir.2005).

The presence of remote-controlled, 24-hour cameras in the area where Ville-gas was apprehended does not constitute sufficient evidence that Villegas entered the United States under continuous observation to merit…