Filed: Dec. 15, 2010
Latest Update: Feb. 21, 2020
Summary: Case: 10-50110 Document: 00511322609 Page: 1 Date Filed: 12/15/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 15, 2010 No. 10-50110 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN ANTONIO ANGUINO-ADRIANO, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:09-CR-252-3 Before DeMOSS, STEWART, and ELROD, Circuit Judges. PE
Summary: Case: 10-50110 Document: 00511322609 Page: 1 Date Filed: 12/15/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 15, 2010 No. 10-50110 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN ANTONIO ANGUINO-ADRIANO, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:09-CR-252-3 Before DeMOSS, STEWART, and ELROD, Circuit Judges. PER..
More
Case: 10-50110 Document: 00511322609 Page: 1 Date Filed: 12/15/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 15, 2010
No. 10-50110
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JUAN ANTONIO ANGUINO-ADRIANO,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:09-CR-252-3
Before DeMOSS, STEWART, and ELROD, Circuit Judges.
PER CURIAM:*
Juan Antonio Anguino-Adriano (Anguino) appeals his conviction of
conspiracy to possess with intent to distribute more than 50 kilograms of
marijuana and possession with intent to distribute more than 50 kilograms of
marijuana. He was sentenced to 66 months of imprisonment.
Anguino argues that the district court abused its discretion by failing to
ask potential jurors during voir dire about the possibility of ethnic bias. He
*
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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 10-50110 Document: 00511322609 Page: 2 Date Filed: 12/15/2010
No. 10-50110
argues that because Del Rio, Texas, is a border community, there is a reasonable
probability of ethnic bias.
The district court did not abuse its discretion in conducting voir dire. The
record reflects that the district court included questions that were sufficient “to
produce some basis for defense counsel to exercise a reasonably knowledgeable
right of challenge.” See United States v. Rodriguez,
993 F.2d 1170, 1176 (5th Cir.
1993).
The district court did not violate the Constitution when it declined to ask
the questions proposed by Anguino. See Rosales-Lopez v. United States,
451 U.S.
182, 189 (1981). There was no racial or ethnic issue “inextricably bound up with
the conduct of the trial.” See Ristaino v. Ross,
424 U.S. 589, 597 (1976). Nor did
the district court’s decision run afoul of the rule set out as part of the Supreme
Court’s supervisory authority. See
Rosales-Lopez, 451 U.S. at 192. Nothing in
this record indicates a reasonable possibility that racial or ethnic prejudice
affected the jury. Accordingly, the judgment is AFFIRMED.
2