United States v. Luis Armendariz-Chavez

Opinion

Case: 18-10574 Document: 00514787663 Page: 1 Date Filed: 01/09/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED No. 18-10574 January 9, 2019 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff - Appellee

v.

LUIS ALBERTO ARMENDARIZ-CHAVEZ,

Defendant - Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 2:17-CR-76-1

Before DAVIS, HAYNES, and HO, Circuit Judges. PER CURIAM: * Luis Alberto Armendariz-Chavez appeals his conviction of illegal reentry after having been previously deported. He argues that the district court erred by admitting the Return of the Warrant of Deportation into evidence at his trial in violation of the Confrontation Clause. He concedes that his argument is foreclosed by United States v. Garcia, 887 F.3d 205, 212-14 (5th Cir.), cert.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 18-10574 Document: 00514787663 Page: 2 Date Filed: 01/09/2019

No. 18-10574

denied, 139 S. Ct. 228 (2018), but raises the issue to preserve it for possible further review. In Garcia, this court held that deportation warrants are nontestimonial and may be admitted in criminal prosecutions absent confrontation. 887 F.3d at 212-14. Thus, Armendariz-Chavez’s argument is foreclosed, and summary affirmance is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the Government’s unopposed motion for summary affirmance is GRANTED, the alternative motion for an extension of time is DENIED, and the judgment of the district court is AFFIRMED.