United States v. Perez-Bastar

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-50548 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ROBERTO PEREZ-BASTAR, ALSO KNOWN AS HECTOR AGOSTO SANTIZO, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. A-98-CR-32-ALL - - - - - - - - - - January 29, 1999 Before KING, Chief Judge, BARKSDALE, and STEWART, Circuit Judges. PER CURIAM:* Roberto Perez-Bastar (“Perez-Bastar”) appeals his convictions for unlawful presence in the United States following deportation, 8 U.S.C. § 1326. He contends that the district court abused its discretion in finding that the information supplied by the Government concerning expert fingerprint opinion testimony satisfied the court’s standing discovery order. He further contends that this court should vacate his conviction because the court’s error prejudiced his substantial rights. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-50548 -2- Having reviewed the record and the briefs of the parties, we need not determine whether the district court abused its discretion since Perez-Bastar has failed to show any prejudice to his substantial rights. The judgment of the district court is AFFIRMED.