United States v. Alejandro Aguirre
UNITED STATES of America, Plaintiff-Appellee, v. Alejandro Yliz AGUIRRE, Defendant-Appellant
- Proceeding
- appeal
- Trial court
- United States District Court for the Southern District of California
- Trial judge
- Dana M. Sabraw (district judge)
- Outcome
- affirmed — AFFIRMED.
- Area
- civil
- Panel
- William C. Canby, Jr. (author), Smith, Ferdinand F. Fernandez
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
FILED NOT FOR PUBLICATION MAR 09 2011
MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-50226 Plaintiff - Appellee, D.C. No. 3:08-cr-03058-DMS v. MEMORANDUM * ALEJANDRO YLIZ AGUIRRE, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Alejandro Yliz Aguirre appeals from his conviction for various drug offenses. We have jurisdiction under 28 U.S.C. § 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 disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). This contention fails because the instructions here substantially mirrored those approved in United 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.
2 10-50226