U.S. v. AGUIRRE, 420 Fed.Appx. 678 (9th Cir. 2011)
UNITED STATES of America, Plaintiff-Appellee, v. Alejandro YlizAGUIRRE, Defendant-Appellant.
No. 10-50226.United States Court of Appeals, Ninth Circuit.Submitted February 15, 2011.[fn*]
Filed March 9, 2011.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.][fn*] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P.34(a)(2).
Bruce R. Castetter, Matthew John Gardner, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
Timothy Allen Scott, Law Offices of Timothy A. Scott, San Diego, CA, for Defendant-Appellant.
Alejandro Yliz Aguirre, San Diego, CA, pro se.
Appeal from the United States District Court for the Southern District of California, Dana M. Sabraw, District Judge, Presiding. D.C. No. 3:08-cr-03058-DMS.
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
MEMORANDUM[fn**]
[fn**] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Alejandro Yliz Aguirre appeals from his conviction for various drug offenses. We have jurisdiction under28 U.S.C. ยง 1291, and we affirm.
Aguirre contends that the district court's instruction to the grand jury violated the Fifth Amendment by improperly limiting the grand jury's discretion. This contention fails because the instructions here substantially mirrored those approved inUnited States v. Cortez-Rivera, 454 F.3d 1038, 1040
(9th Cir. 2006), and United States v. Navarro-Vargas,408 F.3d 1184 (9th Cir. 2005) (en banc).
AFFIRMED.Page 679