Duran-Cabrera

MEMORANDUM **

Guadalupe Duran-Cabrera appeals his conviction and thirty-seven months sentence for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . We affirm.

This court reviews jury instructions “as a whole and consider[s] how the jury would have reasonably understood [the challenged instruction] in the context of the entire trial.” United States v. Warren, 25 F.3d 890, 895 (9th Cir.1994); see also United States v. Brashier, 548 F.2d 1315, 1328 (9th Cir.1976). Taken in the appropriate context, the challenged limiting instruction did not relieve the government of its burden to prove the element of “physical removal” under section 1326. Rather, the instruction, when coupled with the other instructions given at Duran-Cabrera’s trial, was more than sufficient to convey to the jury that: (1) physical removal was an independent element of section 1326; and (2) the government had the burden of proving this element beyond a reasonable doubt. The district court thus did not err in giving the limiting instruction to the jury.

Evidence can be authenticated either under Federal Rule of Civil Procedure 44 (made applicable to criminal cases *637 through…