Summary Calendar UNITED STATES OF AMERICA v. Luis Rodolfo Rodriguez-Cepeda

* 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should not be published and is not precedent except under the limited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. 07-20591
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
LUIS RODOLFO RODRIGUEZ-CEPEDA
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:06-CR-170-ALL
Before JOLLY, CLEMENT and HAYNES, Circuit Judges.
PER CURIAM:*
Luis Rodolfo Rodriguez-Cepeda appeals from his bench trial conviction for
illegal reentry into the United States after deportation for an aggravated felony.
Rodriguez-Cepeda’s sole argument on appeal is that the record is insufficient to
establish his guilt beyond a reasonable doubt because the record does not contain
the stipulated facts introduced at his bench trial. This court reviews the entire
record to determine whether the district court’s finding of guilt is supported by
United States Court of Appeals
Fifth Circuit
F I L E D
August 20, 2008
Charles R. Fulbruge III
Clerk

-- 1 of 2 --

No. 07-20591
2
“any substantial evidence.” United States v. Serna-Villarreal, 352 F.3d 225, 234
(5th Cir. 2003).
After Rodriguez-Cepeda filed his appellate brief, this court granted the
Government’s motion to supplement the record with a copy of the stipulated
facts, as well as an affidavit from the prosecutor attesting that the submitted
copy is identical to the written stipulation introduced at Rodriguez-Cepeda’s
bench trial. Rodriguez-Cepeda has not responded to the Government’s motion.
Based on the record as supplemented, the evidence was sufficient to support the
district court’s finding of guilt.
The district court’s judgment of conviction is AFFIRMED.

-- 2 of 2 --