United States v. Wilberth Garcia

Case: 17-10862 Document: 00514419262 Page: 1 Date Filed: 04/06/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 17-10862 Fifth Circuit FILED Summary Calendar April 6, 2018 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff - Appellee v. WILBERTH MEDINA GARCIA, Defendant - Appellant Appeal from the United States District Court for the Northern District of Texas Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges. PER CURIAM: A jury convicted Wilberth Medina Garcia of illegal reentry. Garcia now appeals his conviction, arguing that the district court erred by (1) permitting the government to bolster the credibility of its declarants improperly, (2) overruling Garcia’s hearsay and Confrontation Clause objections to the government’s evidence, and (3) denying Garcia’s motion for a new trial predicated on the government’s putative Brady violation. Finding the district court’s rulings correct, we AFFIRM Garcia’s conviction. BACKGROUND Garcia, a Mexican citizen, entered the United States without inspection in 2002. On February 4, 2015, in Huntsville, Texas, an officer with the Case: 17-10862 Document: 00514419262 Page: 2 Date Filed: 04/06/2018 No. 17-10862 Department of Homeland Security’s Immigration and Customs Enforcement served Garcia with a Notice of Intent to Issue a Final Administrative Removal Order. This document stated that Garcia was deportable because of his conviction for an “aggravated felony.” Garcia indicated on the form that he did not contest the allegations, would not apply for deferral of removal, and wished to be removed to Mexico. On February 9, an immigration official served a Final Administrative Removal Order on Garcia. This stated that Garcia’s deportability was established by clear and convincing evidence and that he was to be removed from the United States to Mexico. The same day, a warrant of removal was recorded, documenting Garcia’s removal on foot through the Laredo, Texas port of entry. The warrant of removal states that it was filled out by the “immigration officer executing the warrant,” and it contains a picture of Garcia, his right index fingerprint, and his signature. The warrant of removal also certifies that an immigration officer witnessed Garcia’s removal to Mexico, and the form contains the witness’s signature. The document also contains a section to be completed if an alien’s departure is not actually witnessed, but this section is blank. Finally, the document contains a space for the signature of an immigration officer who subsequently “[v]erified” the departure. This space contains a signature with a line through it. In August 2016, Garcia was booked into the Dallas County Jail. The following day, an ICE officer placed an immigration detainer on Garcia, and he was transferred into ICE’s custody. On October 11, 2016, Garcia met with ICE Deportation Officer Frederick Sims. During this interview, Garcia admitted that he had illegally entered the United States around May 2016 near El Paso, Texas. Officer Sims checked immigration databases and determined that Garcia had not applied to be in the United States legally. 2 Case: 17-10862 Document: 00514419262 Page: 3 Date Filed: 04/06/2018 No. 17-10862 ...

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