Torres-Jimenez

*701 MEMORANDUM *

Defendant-Appellant Roberto Torres-Jimenez (“Torres-Jimenez”) appeals his conviction and sentence for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . On appeal, Torres-Jimenez claims that the district court erred by: (1) refusing to give a “necessity defense” instruction to the jury; (2) admitting statements allegedly elicited during a custodial interrogation and in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966); (8) admitting allegedly involuntary statements; and (4) erroneously applying a sixteen-point sentence enhancement in violation of Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004) and United States v. Booker, — U.S. —, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Torres-Jimenez was not entitled to receive a jury instruction on the necessity defense because he failed to establish “(1) that he was faced with a choice of evils and chose the lesser evil; (2) that he acted to prevent imminent harm; (3) that he reasonably anticipated a causal relation between his conduct and the harm to be”…