U.S. Court of Appeals for the Fifth Circuit, 2008

United States v. Rodriguez-Cepeda

United States v. Rodriguez-Cepeda
U.S. Court of Appeals for the Fifth Circuit · Decided August 20, 2008 · Jolly, Clement, Haynes
290 F. App'x 713

United States v. Rodriguez-Cepeda

Opinion

PER CURIAM: *

Luis Rodolfo Rodriguez-Cepeda appeals from his bench trial conviction for illegal reentry into the United States after deportation for an aggravated felony. Rodriguez-Cepeda’s sole argument on appeal is that the record is insufficient to establish his guilt beyond a reasonable doubt because the record does not contain the stipulated facts introduced at his bench trial. This court reviews the entire record to determine whether the district court’s finding of guilt is supported by “any substantial evidence.” United States v. Serna-Villarreal, 352 F.3d 225, 234 (5th Cir. 2003).

After Rodriguez-Cepeda filed his appellate brief, this court granted the Government’s motion to supplement the record with a copy of the stipulated facts, as well as an affidavit from the prosecutor attesting that the submitted copy is identical to the written stipulation introduced at Rodriguez-Cepeda’s bench trial. Rodriguez-Cepeda has not responded to the Government’s motion. Based on the record as supplemented, the evidence was sufficient to support the district court’s finding of guilt.

The district court’s judgment of conviction 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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