Murillo-Betancourt

MEMORANDUM *

David Murillo-Betancourt appeals his conviction for being a previously deported alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. Murillo contends that the district court erred in denying his Rule 29 motion for acquittal. To convict Murillo of being “found in” the United States, the government had to prove that he “entered” the country free of official restraint. United States v. Pacheco-Medina, 212 F.3d 1162, 1166 (9th Cir.2000). While the government bears the burden of proof to demonstrate that an alien was not under constant surveillance from the time he crossed the border, see United States v. Bello-Bahena, 411 F.3d 1083, 1087 (9th Cir.2005), it is entitled to reasonable inferences from evidence in the record and need not disprove every possible theory of official restraint, see United States v. Castellanos-Garcia, 270 F.3d 773, 776 (9th Cir.2001).

The government presented the arresting officer, Aristeo Rangel of Customs and Border Protection, who testified that he was first alerted to the presence of Murillo by a call from dispatch that a seismic sensor had been tripped in…