United States v. Jesus Corona-Rivera

MEMORANDUM

D efendant-App ellant was convicted by jury of illegal reentry under 8 U.S.C. § 1326 . He appeals the district court’s (1) denial of his motion to dismiss the indictment for improper grand jury instructions and (2) the reasonableness of his sentence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. Grand jury instructions. The district court’s instructions to the grand jury were within the bounds of similar instructions we have found constitutional. See United States v. Caruto, 663 F.3d 394, 397-401 (9th Cir.2010); United States v. Navarro-Vargas, 408 F.3d 1184, 1204-05 (9th Cir.2005). The district court’s grand jury instructions did not convey to the jury that upon finding probable cause it was obligated to indict. See Caruto, 663 F.3d at 397-401 ; Navarro-Vargas, 408 F.3d at 1204-05 .

2. Sentencing.

a. Procedural Challenges.

i. The district court did not plainly err in finding that Corona-Rivera had a previous conviction in August 1990 for violating California Health and Safety Code § 11360(a) (hereinafter “§ 11360(a)”). See United States v. Vieke, 348 F.3d 811, 813 (9th Cir.2003) (reviewing sentencing challenge for plain error where, as here, the…