United States v. Sevilla , 158 F. App'x 514 ( 2005 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 05-4599
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    JULIO SEVILLA,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. Louise W. Flanagan, Chief
    District Judge. (CR-04-220-FL)
    Submitted:   December 22, 2005            Decided: December 29, 2005
    Before WIDENER, NIEMEYER, and KING, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Robert H. Hale, Jr., Raleigh, North Carolina, for Appellant. Frank
    D. Whitney, United States Attorney, Anne M. Hayes, Jennifer P. May-
    Parker, Assistant United States Attorneys, Raleigh, North Carolina,
    for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Julio Sevilla appeals his convictions for conspiracy to
    commit passport fraud, in violation of 
    18 U.S.C. § 371
     (2000), and
    aiding and abetting to make false statements in applications for
    United States passports, in violation of 
    18 U.S.C. §§ 1542
     and 2
    (2000).   On appeal, Sevilla challenges for the first time the
    admission of testimony of a Government witness, Gloria Madrid,
    claiming her testimony was improper evidence of prior bad acts
    under Fed. R. Evid. 404(b), and was unduly prejudicial under Fed.
    R. Evid. 403.    We have reviewed the record and find no plain error
    in the admission of Madrid’s testimony, which was elicited on
    cross-examination     by   Sevilla’s   co-defendant   for   purposes   of
    challenging Madrid’s credibility.      See United States v. Olano, 
    507 U.S. 725
    ,    732   (2005).     Accordingly,   we    affirm   Sevilla’s
    convictions.    We dispense with oral argument because the facts and
    legal contentions are adequately presented in the materials before
    the court and argument would not aid the decisional process.
    AFFIRMED
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Document Info

Docket Number: 05-4599

Citation Numbers: 158 F. App'x 514

Judges: Widener, Niemeyer, King

Filed Date: 12/29/2005

Precedential Status: Non-Precedential

Modified Date: 11/5/2024