United States v. Martinez-Valdez

MEMORANDUM ** The government concedes error in the district court’s charging instruction on voluntariness. That error was harmless because of the overwhelming evidence against Martinez-Valdez. Martinez-Valdez’s surroundings when caught and his admissions when taken into custody, as well as the geography of the border area, establish that it was “beyond a reasonable doubt that the error ... did not contribute to the verdict.” Neder v. United States, 527 U.S. 1, 15 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999). There was no plain error in the sentencing enhancement because Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), vitiates Martinez-Valdez’s Apprendi argument. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.