Ceron-Escobar

United States v. Ceron-Escobar

Good Law
239 F. App'x 339
United States Court of Appeals for the Ninth CircuitJune 27, 2007No. 06-50067California789 words

Opinion

Lead Opinion

MEMORANDUM **

Julio Enrique Ceron-Escobar (“Cerón”) appeals his jury conviction and sentence for attempted re-entry after deportation, in violation of 8 U.S.C. § 1326 . He argues that (1) the current Ninth Circuit model *340 jury instruction on reasonable doubt is defective; (2) his conviction for lewd acts with a child under 14, in violation of California Penal Code § 288(a), does not qualify as a crime of violence for purposes of U.S. Sentencing Guideline § 2L1.2; and (3) the statutory maximum for his offense is two years. We affirm.

We review Ceron’s challenge to the jury instruction for plain error. Although Cerón proposed an alternative “reasonable doubt” instruction, he failed to offer any argument as to why the model instruction was defective. See United States v. Klinger, 128 F.3d 705, 710 (9th Cir.1997) (“A defendant’s mere proposal of an alternate instruction does not satisfy Rule 30’s standard of specificity.”). Whether Ceron’s prior conviction qualifies as a crime of violence for purposes of U.S.S.G. § 2L1.2 is reviewed de novo, see United States v. Baron-Medina, 187 F.3d 1144, 1146 (9th Cir.1999), as is our consideration of the constitutionality of a federal statute…

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