IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50914
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANCISCO JAIMES-ARROYO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. DR-96-CR-134-ALL
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June 30, 1998
Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Francisco Jaimes-Arroyo appeals his conviction for
conspiracy to enter a false claim to United States citizenship,
in violation of 18 U.S.C. § 371. Jaimes has failed to establish
that the evidence, when viewed in the light most favorable to the
Government, was insufficient to support his conviction. See
United States v. Bell, 678 F.2d 547, 549 (5th Cir. 1982) (en
banc), aff’d on other grounds, 462 U.S. 356 (1983); see also
United States v. Henry, 604 F.2d 908, 916 (5th Cir.
*
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this opinion should not be published and is not precedent except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. 97-50914
-2-
1979)(presentation of a false birth certificate by an alien as
evidence of asserted citizenship constitutes a violation of 18
U.S.C. § 911); United States v. Harrell, 894 F.2d 120, 126-27
(5th Cir. 1990)(Government need not negate possibility of
naturalization to establish lack of United States citizenship).
The district court did not abuse its discretion in denying
Jaimes’ discovery request and his motion for a continuance in
order to subpoena a witness who was outside of the United States.
See United States v. Rodriguez, 15 F.3d 408, 411 (5th Cir. 1994).
The same is true of the testimony Jaimes sought to elicit on
cross-examination of Agent Trevino. See United States v. Duncan,
919 F.2d 981, 988 (5th Cir. 1990); United States v. Gordon, 780
F.2d 1165, 1175-76 (5th Cir. 1986).
AFFIRMED.