Reyes-Reynoso

MEMORANDUM **

Maximiliano Reyes-Reynoso appeals his conviction for importation of methamphetamine in violation of 21 U.S.C. §§ 952 and 960, and for possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). The facts and the procedural posture of the case are known to the parties and we do not repeat them here.

The district court did not err in instructing the jury that “the defendant is innocent until the contrary is proven.” This instruction did not allow the jury to abandon the presumption of innocence before it found guilt beyond a reasonable doubt, because the instructions as a whole were not misleading or inadequate to guide the jury’s deliberation. United States v. Dixon, 201 F.3d 1223, 1230 (9th Cir.2000) (“In reviewing jury instructions, the relevant inquiry is whether the instructions as a whole are misleading or inadequate to guide the jury’s deliberation. A single instruction to a jury may not be judged in artificial isolation, but must be viewed in the context of the overall charge.” (citation omitted)); United States v. Frega, 179 F.3d 793 , 806 n. 16 (9th Cir.1999) (same).

Reyes-Reynoso argues that United States v. Cummings,…