Goldbaum

MEMORANDUM **

Enrique Goldbaum appeals his conviction under 18 U.S.C. § 1791 (a)(2) for possession of a weapon in a federal prison. He argues (1) that the government’s deportation of Valentin Sepulveda violated his Fifth Amendment right to due process and his Sixth Amendment right to compulsory process; and (2) that the district court erred in failing to adequately instruct the jury on his theory of defense. For the following reasons, we affirm.

1. To establish that Sepulveda’s deportation violated the Fifth and Sixth Amendments, Goldbaum must make “an initial showing that the Government acted in bad faith and that this conduct resulted in prejudice to the defendant’s ease.” United States v. Dring, 980 F.2d 687, 693 (9th Cir.1991) (citing United States v. Valenzuela-Bernal, 458 U.S. 858, 866-67 , 102 S.Ct. 3440 , 73 L.Ed.2d 1193 (1982)). We review the district court’s application of this two-pronged test de novo, and its underlying factual findings for clear error. See United States v. Gastelum-Almeida, 298 F.3d 1167, 1174 (9th Cir.2002).

With respect to the first prong, Goldbaum did not offer any evidence “either that the government departed from normal deportation procedures,…