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U.S. v. RIOS

No. 10-40118.

636 F.3d 168 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Francisco RIOS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 22, 2011.

Attorney(s) appearing for the Case

Lauretta Drake Bahry and James Lee Turner , Asst. U.S. Attys., Kebharu H. Smith (argued), Houston, TX, for U.S.

Marjorie A. Meyers , Fed. Pub. Def., Timothy William Crooks (argued) and Laura Fletcher Leavitt , Asst. Fed. Pub. Defenders, Houston, TX, for Rios.

Before KING, DAVIS and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

Jose Francisco Rios was convicted of conspiring to transport illegal aliens and of aiding and abetting the transportation of illegal aliens. The district court denied a missing witness instruction, which is the sole issue raised on appeal. We AFFIRM.

STATEMENT OF FACTS

Jose Francisco Rios and Wilber Mendoza-Cortez were charged with one count of conspiring to transport illegal aliens and multiple counts of aiding...

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