United States v. Lopez

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40233
(Summary Calendar)
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SEFERINO LOPEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
(L-97-CR-149-4)
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October 30, 2000
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
We remanded this case to the district court to determine
whether the Jencks Act error was harmless in accordance with the
procedures outlined in United States v. Rivero, 532 F.2d 450, 459-
61 (5th Cir. 1976), and applied in United States v. Keller, 14 F.3d
1051 (5th Cir. 1994). On remand, the district court determined
that the error was harmless as there was no reasonable possibility
that the absence of the grand jury testimony of Sergeant Antonio
Sanchez affected the outcome of the case or handicapped Lopez or
his counsel in their presentation.

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2
We have carefully reviewed Sanchez’s grand jury testimony and
his trial testimony and find no substantial inconsistency or
deviation. See, e.g., United States v. Keller, 14 F.3d 1051, 1054-
55 (5th Cir. 1994). Accordingly, the judgment of the district
court is
AFFIRMED.

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