Case: 18-50910 Document: 00515059523 Page: 1 Date Filed: 08/01/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 18-50910 August 1, 2019
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff−Appellee,
versus
PEDRO JORGE MORENO-GARCIA,
Defendant−Appellant.
Appeal from the United States District Court
for the Western District of Texas
No. 3:18-CR-1325-1
Before DAVIS, SMITH, and DUNCAN, Circuit Judges.
PER CURIAM: *
Pedro Moreno-Garcia appeals his conviction of illegal reentry after
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in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: 18-50910 Document: 00515059523 Page: 2 Date Filed: 08/01/2019
No. 18-50910
deportation. He maintains that the district court erred by admitting executed
warrants of his deportations into evidence in violation of the Confrontation
Clause. He concedes that his position is foreclosed by United States v. Garcia,
887 F.3d 205, 212−14 (5th Cir.), cert. denied, 139 S. Ct. 228 (2018), but he raises
the issue to preserve it for possible further review.
In Garcia, id., this court held that deportation warrants are non-
testimonial and may be admitted in criminal prosecutions absent confronta-
tion. Thus, Moreno-Garcia’s argument is foreclosed, and summary affirmance
is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th
Cir. 1969).
Accordingly, the government’s unopposed motion for summary affirm-
ance is GRANTED, its alternative motion for an extension of time is DENIED,
and the judgment is AFFIRMED.
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