United States v. Lazos-Ortiz , 277 F. App'x 350 ( 2008 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 30, 2008
No. 07-50783
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ALEJANDRO JAVIER LAZOS-ORTIZ
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:06-CR-2317-4
Before KING, DAVIS and CLEMENT, Circuit Judges.
PER CURIAM:*
Alejandro Javier Lazos-Ortiz (Lazos) appeals his convictions for conspiring
to harbor and encourage illegal aliens, aiding and abetting the harboring of
illegal aliens, and aiding and abetting the encouraging of aliens illegally
entering the United States. He asserts that the evidence is insufficient to
support his convictions because, although there may have been some evidence
linking him to some of the alien stash houses discussed at trial, there was no
*
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should not be published and is not precedent except under the limited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. 07-50783
evidence that he had ties to the stash house raided on October 12, 2006, the date
alleged in the indictment.
Because Lazos failed to move for a judgment of acquittal, we review his
sufficiency argument to determine whether “the record is devoid of evidence
pointing to guilt.” United States v. Delgado, 256 F.3d 264, 274 (5th Cir. 2001).
“The prosecution is not required to prove the exact date [alleged in the
indictment]; it suffices if a date reasonably near is established.” United States
v. Powers, 168 F.3d 741, 746 (5th Cir. 1999). We have reviewed the record and
the arguments of the parties, and we conclude that the record is not devoid of
evidence supporting a conclusion that Lazos engaged in an alien-harboring
conspiracy and harbored and encouraged illegal aliens. See Delgado, 256 F.3d
at 274. The judgment of the district court is AFFIRMED.
2