
    UNITED STATES of America, Plaintiff-Appellee, v. Henry Garza GALLEGO, Defendant-Appellant.
    No. 08-10487.
    United States Court of Appeals, Ninth Circuit.
    Submitted June 12, 2009.
    
    Filed June 16, 2009.
    Jesse Joseph Figueroa, Assistant U.S., George Ferko, Assistant U.S., USTU-Of-fice of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.
    Stephen Jonathan Young, Williamson & Young, PC, Tucson, AZ, for Defendant-Appellant.
    Before: TROTT, McKEOWN, and IKUTA, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Because 18 U.S.C. § 4082(a) defines a type of “escape” under 18 U.S.C. § 751, the district court’s jury instruction was not improper and did not improperly amend the indictment. See United States v. Jones, 569 F.2d 499, 501 (9th Cir.1978) (using § 4082 as an example of “escape” under 18 U.S.C. § 751).

AFFIRMED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     