United States v. Macaulay

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50252
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
OLUBANJI MILTON MACAULAY, also known as Benji Macauley, also
known as Reginald Eugene Harris,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-01-CR-368-ALL-EP
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November 22, 2002
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Olubanji Macaulay appeals his conviction for perjury and
making false assertions of American citizenship. See 8 U.S.C.
§ 1357; 18 U.S.C. § 911. His sole issue on appeal is that the
district court abused its discretion by admitting an exhibit
containing German documents that Macaulay asserts were
inadmissible hearsay.
*
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that this opinion should not be published and is not precedent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.
No. 02-50252
-2-
The exhibit, consisting of records related to Macaulay’s
attempt to obtain political asylum in Germany, contained
admissions by Macaulay that he was a Nigerian citizen by birth.
The exhibit was admissible under the hearsay exception of FED. R.
EVID. 803(8)(A) for authenticated official or public documents.
Macaulay’s statements of Nigerian citizenship within the exhibit
were not hearsay because they were Macaulay’s admissions. See
FED. R. EVID. 801(d)(2). Any error in admitting other parts of
the exhibit was harmless because those parts were merely
cumulative of properly admitted evidence or so irrelevant as to
be innocuous. See United States v. Sotelo, 97 F.3d 782, 798 (5th
Cir. 1996); United States v. Bruno, 809 F.2d 1097, 1106 (5th Cir.
1987) (admission harmless where “evidence was innocuous and added
nothing to the government’s case”).
The judgment of the district court is AFFIRMED.