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U.S. v. AGUILAR-TAMAYO

No. 01-50847.

300 F.3d 562 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio AGUILAR-TAMAYO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 25, 2002.

Attorney(s) appearing for the Case

Mark Randolph Stelmach (argued) and Joseph H. Gay, Asst. U.S. Attys., San Antonio, TX, for Plaintiff-Appellee.

Donna F. Coltharp (argued), San Antonio, TX, for Defendant-Appellant.

Before DAVIS, DeMOSS and STEWART, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Defendant Antonio Aguilar-Tamayo appeals his conviction by a jury of two counts of illegal alien transportation and two counts of bringing an alien into the United States, both in violation of 8 U.S.C. § 1324. He challenges, as a violation of the Confrontation Clause, the district court's decision to admit the video deposition testimony of witnesses who were not available to testify at trial because they had been deported. Because...

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