United States of America v. Julio Sevilla

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4599
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JULIO SEVILLA,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan, Chief
District Judge. (CR-04-220-FL)
Submitted: December 22, 2005 Decided: December 29, 2005
Before WIDENER, NIEMEYER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Robert H. Hale, Jr., Raleigh, North Carolina, for Appellant. Frank
D. Whitney, United States Attorney, Anne M. Hayes, Jennifer P. May-
Parker, Assistant United States Attorneys, Raleigh, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Julio Sevilla appeals his convictions for conspiracy to
commit passport fraud, in violation of 18 U.S.C. § 371 (2000), and
aiding and abetting to make false statements in applications for
United States passports, in violation of 18 U.S.C. §§ 1542 and 2
(2000). On appeal, Sevilla challenges for the first time the
admission of testimony of a Government witness, Gloria Madrid,
claiming her testimony was improper evidence of prior bad acts
under Fed. R. Evid. 404(b), and was unduly prejudicial under Fed.
R. Evid. 403. We have reviewed the record and find no plain error
in the admission of Madrid’s testimony, which was elicited on
cross-examination by Sevilla’s co-defendant for purposes of
challenging Madrid’s credibility. See United States v. Olano, 507
U.S. 725, 732 (2005). Accordingly, we affirm Sevilla’s
convictions. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
AFFIRMED

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