United States v. Beaton ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-51009
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERT EDWARD BEATON,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. P-98-CR-255-2
October 27, 2000
Before GARWOOD, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Robert Edward Beaton appeals his jury conviction for illegal
reentry into the United States after deportation. He argues that
the evidence was insufficient to establish that he had been
previously deported because the Government did not introduce into
evidence a copy of the order of deportation. Beaton does not
dispute that the evidence established that he was an alien and that
*
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opinion should not be published and is not precedent except under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.
he reentered the United States without the Attorney General’s
consent to reenter. A review of the record indicates that the
evidence, including the testimony of Border Patrol Agent Patrick
Hernandez and the documents contained in the A-file No. A 36709542
such as the record of deportable alien and related warrant, INS
Form 294, and the Warrant of Deportation (Govt. Exhibits 2, 3, 4,
and 5), was sufficient to establish that Beaton had been previously
deported. See 8 U.S.C. § 1326; United States v. Ramirez-Gamez, 171
F.3d 236, 238 (5th Cir.), cert. denied, 120 S. Ct. 195 (1999);
United States v. Flores-Peraza, 58 F.3d 164, 166 (5th Cir. 1995).
If it were necessary to prove that the deportation was pursuant to
an order of deportation, that was adequately shown by the
referenced documents and testimony, even though the order of
deportation itself was not put in evidence. See United States v.
Quezada, 754 F.2d 1190, 1193-95 (5th Cir. 1985).
AFFIRMED.
2