Cabrera-Alejandre

MEMORANDUM **

Manuel Cabrera-Alejandre (“Cabrera”) appeals the district court’s trial instruction that defense counsel should phrase the government’s burden of proof as “beyond a reasonable doubt” rather than “beyond any reasonable doubt.” Cabrera also appeals the ninety-month sentence imposed after his guilty-plea conviction for illegal reentry following removal in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

*817 1. The district court did not abuse its discretion by requiring defense counsel to describe the government’s burden of proof as “beyond a reasonable doubt,” a correct statement of law, in closing argument. See Oregon v. Ice, — U.S. -, 129 S.Ct. 711, 714 , 172 L.Ed.2d 517 (2009) (describing the jury’s historic function as “determining whether the prosecution has proved each element of an offense beyond a reasonable doubt”). While “beyond any reasonable doubt” may also be a correct formulation, the phrases have the same meaning to a jury. There was no structural error or violation of a constitutional right. See United States v. Spillone, 879 F.2d 514, 518 (9th Cir.1989) (“The trial court has…