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NOT FOR PUBLICATION MAR 09 2011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