United States v. Ramirez

Case: 24-40788 Document: 74-1 Page: 1 Date Filed: 12/12/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-40788 FILED Summary Calendar December 12, 2025 ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Benjamin Ramirez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:24-CR-240-1 ______________________________

Before Richman, Southwick, and Willett, Circuit Judges.

Per Curiam: *

Benjamin Ramirez appeals his conviction for illegal alien transportation. He argues that the district court abused its discretion in admitting evidence of his prior arrest for transporting illegal aliens and for instructing the jury that his prior conviction could serve as evidence of “plan” or “preparation.”

Case: 24-40788 Document: 74-1 Page: 2 Date Filed: 12/12/2025

No. 24-40788

The court reviews these issues for an abuse of discretion. See United States v. Kinchen, 729 F.3d 466, 470 (5th Cir. 2013); United States v. Naidoo, 995 F.3d 367, 378 (5th Cir. 2021). Ramirez has failed to show that the district court abused its discretion in admitting evidence of his prior conviction and issuing a limiting instruction to the jury regarding similar acts evidence. See Fed. R. Evid. 404(b)(1), 403; United States v. Hernandez-Guevara, 162 F.3d 863, 871-72 (5th Cir. 1998); Naidoo, 995 F.3d at 378-79. Accordingly, the judgment of the district court is AFFIRMED.