Morales-Morales

MEMORANDUM **

Christian Luis Morales-Morales appeals the district court’s refusal to instruct the jury on the official restraint doctrine, its denial of his motion for acquittal, and its imposition of a 103-month term of imprisonment following his conviction for illegal reentry in violation of 8 U.S.C. § 1326 .

The district court properly declined to give an “official restraint” jury instruction because the evidence did not support such a theory. United States v. Vela-Robles, 397 F.3d 786, 789 (9th Cir.2005). Although Morales was observed crossing the border for about 10 seconds, and the government was later alerted to his potential destination after he triggered a sensor approximately 500 yards north of the border, there is no dispute that Morales’s precise location in the United States was unknown for at least 15 minutes. See id. at 789 (“Detection by a seismic sensor does not amount to observation or surveillance for the purpose of showing official restraint.”). Morales “was not under constant observation by governmental authorities from the moment he set foot in this country until the moment of his arrest.” United States v. Ramos-Godinez, 273 F.3d 820, 825 (9th Cir.2001)…