Court of Appeals for the Ninth Circuit February 23, 2006, No. 04-10682 (United States v. Garcia-Cano)

MEMORANDUM ***

Sergio Manuel Garcia-Cano appeals his conviction and sentence for unlawful reentry, in violation of 8 U.S.C. § 1326. At trial, Border Patrol Agent John E. Doppler testified for the government that he “found” Garcia-Cano in the custody of the Santa Cruz County Sheriffs Department. Garcia-Cano timely requested that a jury instruction on official restraint be given.