USA vs. Perez-Bastar, (5th Cir. 1999)

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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. 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.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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