United States v. Osvaldo Ceballos-Zuniga

380 F. App'x 417

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 4, 2010
• Docket: 09-40587
• Status: Unpublished

Opinion

PER CURIAM: *

Osvaldo Ceballos-Zuniga (Cebados) has appealed his jury conviction of illegal reentry following deportation in violation of 8 U.S.C. § 1326. Cebados argues that, under the Supreme Court’s recent decision in Melendez-Diaz v. Massachusetts, — U.S. -, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009), the district court’s admission of a certificate of nonexistence of record (CNR), to show that Cebados had not applied for admission to the United States, violated his rights under the Confrontation Clause of the Sixth Amendment.

As Cebados concedes, this court’s review is for plain error. See United States v. Martinez-Rios, 595 F.3d 581, 584 (5th Cir.2010). Because there was ample other evidence that Cebados had not applied for admission to the United States, Cebados cannot show that the district court’s error in admitting the CNR affected his substantial rights. See id. at 587. The judgment is

AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.