United States v. Pedro Moreno-Garcia

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 1, 2019
• Docket: 18-50910
• Status: Unpublished

Opinion

Case: 18-50910 Document: 00515059523 Page: 1 Date Filed: 08/01/2019

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

FILED No. 18-50910 August 1, 2019 Summary Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff−Appellee,

versus

PEDRO JORGE MORENO-GARCIA,

Defendant−Appellant.

Appeal from the United States District Court for the Western District of Texas No. 3:18-CR-1325-1

Before DAVIS, SMITH, and DUNCAN, Circuit Judges. PER CURIAM: *

Pedro Moreno-Garcia appeals his conviction of illegal reentry after

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-50910 Document: 00515059523 Page: 2 Date Filed: 08/01/2019

No. 18-50910

deportation. He maintains that the district court erred by admitting executed warrants of his deportations into evidence in violation of the Confrontation Clause. He concedes that his position is foreclosed by United States v. Garcia, 887 F.3d 205, 212−14 (5th Cir.), cert. denied, 139 S. Ct. 228 (2018), but he raises the issue to preserve it for possible further review.

In Garcia, id., this court held that deportation warrants are non- testimonial and may be admitted in criminal prosecutions absent confronta- tion. Thus, Moreno-Garcia’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 affirm- ance is GRANTED, its alternative motion for an extension of time is DENIED, and the judgment is AFFIRMED.