Case: 09-40587 Document: 00511132336 Page: 1 Date Filed: 06/04/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 4, 2010
No. 09-40587
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
OSVALDO CEBALLOS-ZUNIGA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:08-CR-616-1
Before BENAVIDES, PRADO, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Osvaldo Ceballos-Zuniga (Ceballos) has appealed his jury conviction of
illegal reentry following deportation in violation of 8 U.S.C. § 1326. Ceballos
argues that, under the Supreme Court’s recent decision in Melendez-Diaz v.
Massachusetts, 129 S. Ct. 2527 (2009), the district court’s admission of a
certificate of nonexistence of record (CNR), to show that Ceballos had not applied
for admission to the United States, violated his rights under the Confrontation
Clause of the Sixth Amendment.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 09-40587 Document: 00511132336 Page: 2 Date Filed: 06/04/2010
No. 09-40587
As Ceballos concedes, this court’s review is for plain error. See United
States v. Martinez-Rios, 595 F.3d 581, 584 (5th Cir. 2010). Because there was
ample other evidence that Ceballos had not applied for admission to the United
States, Ceballos cannot show that the district court’s error in admitting the CNR
affected his substantial rights. See id. at 587. The judgment is
AFFIRMED.
2