United States v. Albert Hernandez, Jr.

MEMORANDUM *

Albert Silva Hernandez, Jr. (Hernandez) appeals his jury conviction and sentence for eight counts of sexually exploiting a child, in violation of 18 U.S.C. § 2251(a).

1. Hernandez contends that the government impermissibly changed its theory of prosecution during rebuttal argument by deviating from the jury instruction that focused on the word “persuaded.” However, the indictment and the evidence presented at trial provided Hernandez adequate notice of the charges against him. See Morrison v. Estelle, 981 F.2d 425, 428-29 (9th Cir.1992). Therefore, we reject Hernandez’s Sixth…