USA v. Luis Pereira, Sr., No. 07-10640 (11th Cir. 2009)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS Nos. 07-10640 and 08-12923 ________________________ ELEVENTH CIRCUIT APRIL 27, 2009 THOMAS K. KAHN CLERK D. C. Docket No. 01-10055-CR-SH UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LUIS PEREIRA, SR., Defendant-Appellant. ________________________ Appeals from the United States District Court for the Southern District of Florida _________________________ (April 27, 2009) Before BIRCH, DUBINA and WILSON, Circuit Judges. PER CURIAM: Luis Pereira, Sr. appeals his drug convictions, sentence, and the district court s reconstruction of the record from December 16, 2005. The trial transcript from that day (the day that Pereira presented his case-in-chief), is missing. Pereira argues that the district court s reconstruction is insufficient to afford meaningful appellate review. He also challenges some of the district court s evidentiary rulings, its modification of the pattern jury instructions, and the reasonableness of his sentence. After reviewing the record, reading the parties briefs, and having the benefit of oral argument, we find no reversible error. Therefore, we affirm Pereira s convictions and sentence. AFFIRMED. 2

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