United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS February 17, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-51357
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JORGE ENRIQUE BAEZA-CASTILLO,
also known as Jorge Enrique Lopez,
also known as Raul Alaniz, Jr.,
also known as Jorge Enrique Baeza,
also known as Jorge Baeza-Castillo,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-99-CR-305-ALL-EP
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Before HIGGINBOTHAM and EMILIO M. GARZA, Circuit Judges.*
PER CURIAM:**
Jorge Enrique Baeza-Castillo appeals the revocation of
his supervised release following his guilty-plea conviction
for illegal reentry into the United States after deportation.
He argues that the district court plainly erred in finding that
*
This matter is being decided by a quorum. 28 U.S.C.
§ 46(d).
**
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that this opinion should not be published and is not precedent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. 02-51357
-2-
he violated the conditions of his supervised release as the
Government failed to prove he was the same person who was placed
on supervised release. The district court took judicial notice
that Baeza-Castillo pleaded guilty to illegal reentry into the
United States following deportation while he was on supervised
release and that this was a violation of the terms of his
supervised release. The district court did not err in revoking
Baeza-Castillo’s supervised release based on its finding that he
had violated the terms of his supervised release by committing
another offense while on supervised release. See 18 U.S.C.
§ 3583(e)(3).
Baeza-Castillo argues that the district court erred in
allowing the introduction of evidence obtained in violation of
his Fourth Amendment rights. This argument was raised and
rejected in the separate criminal proceeding in which he was
charged and convicted of illegal reentry into the United States
following deportation (Case No. SA-02-CR-220-EP); this court also
rejected the argument on appeal. United States v. Baeza-
Castillo, No. 02-51352 (5th Cir. Aug. 18, 2003). He may not
challenge his illegal reentry conviction in this appeal of the
revocation of his supervised release.
Baeza-Castillo argues that the district court denied his
right to allocution. The record indicates that the district
court addressed Baeza-Castillo and asked if he had anything to
say before he was sentenced; he apologized to the court, stated
No. 02-51357
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he was remorseful, and stated that he returned to the United
States to be with his wife who has cancer. Therefore, the record
reflects that Baeza-Castillo was not denied the right to
allocution.
AFFIRMED.