United States v. Andaverde-Tinoco, No. 12-40472 (5th Cir. 2013)Annotate this Case
Defendant was found guilty of illegal reentry subsequent to removal after conviction of an aggravated felony. The court concluded that defendant had not shown that the district court abused its discretion in its use of the Allen charge; defendant had not met his burden of showing that the Doyle violations the court identified rose to the level of error that seriously affected the fairness, integrity, or public reputation of judicial proceedings; because the district court heard and considered the investigator's testimony about the relevant portions of the affidavit, including that claim that the companions were forced to cross the border, any error in failing to admit the affidavit was harmless; and because the court affirmed defendant's convictions and sentence, it did not need to address defendant's argument that the court should vacate the revocation of his prior term of supervised release.