USCA4 Appeal: 21-4029 Doc: 44 Filed: 06/01/2023 Pg: 1 of 11 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-4029 UNITED STATES OF AMERICA, Plaintiff − Appellee, v. WALTER MELGAR GOMEZ, Defendant – Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Kenneth D. Bell, District Judge. (3:20−cr−00318−KDB−DSC−1) Submitted: February 28, 2023 Decided: June 1, 2023 Before KING, DIAZ, and QUATTLEBAUM, Circuit Judges. Affirmed by unpublished opinion. Judge Diaz wrote the opinion, in which Judge King and Judge Quattlebaum joined. ON BRIEF: Brandon R. Roseman, BRANDON ROSEMAN, PLLC, Charlotte, North Carolina, for Appellant. William T. Stetzer, Acting United States Attorney, Anthony J. Enright, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 21-4029 Doc: 44 Filed: 06/01/2023 Pg: 2 of 11 DIAZ, Circuit Judge: Walter Melgar Gomez appeals his conviction for illegally reentering the United States following his removal, in violation of 8 U.S.C. § 1326(a). On appeal, Gomez contends that the district court abused its discretion by not inquiring into ethnic bias during voir dire and plainly erred by admitting the testimony and report of an expert fingerprint witness. We affirm. I. A. Gomez, a native of Honduras, first entered the United States in 2015 and was removed soon after. He returned, came to the attention of law enforcement in 2020, and was arrested and charged with illegal reentry in violation of 8 U.S.C. § 1326(a). He pleaded not guilty and went to trial. The trial took place the day before the November 2020 election, when Gomez argues “the issue of Hispanic immigration was at the forefront of national debate.” Appellant’s Br. at 6. Gomez asked the district court to question jurors about their views on “Hispanic people coming to the United States.” J.A. 10. The court declined, but asked whether jurors had strong opinions about the Department of Homeland Security, Immigration and Customs Enforcement, or legal or illegal immigration. It also asked about jurors’ experiences with recent immigrants, the immigration system, and the naturalization process. And it confirmed they could “decide this case based on the facts and the law . . . and not based on any notions of bias, prejudice, or sympathy for either side.” J.A. 181. 2 USCA4 Appeal: 21-4029 Doc: 44 Filed: 06/01/2023 Pg: 3 of 11 B. The trial focused on whether Gomez was the individual removed in 2015. The government presented documents from 2015 listing the removed person’s name as Walter Melgar-Gomez and his birthdate as August 25, 1997. The documents included a photo of the removed person and his signature. One document contained a right index fingerprint while another had a full fingerprint card with all ten fingers. Officers who arrested Gomez in 2020 found a Honduran identification card in his wallet. The jury saw the card, which includes the name Walter Melgar Gomez (no hyphen), has a photograph of Gomez, and gives …
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