This court "[c]an only take the record as it finds it," and we find no support for Campbell's assertion in the record before us. Brookins v. United States, 397 F.2d 261, 262 (5th Cir. 1968) (internal quotation marks and citation omitted).

On appeal to this court, Appellants submit slightly different figures. It is unclear where Appellants get the figures cited in their briefs, but this court "[c]an only take the record as it finds it, and cannot add thereto, or go behind, beyond, or outside it." Brookins v. United States, 397 F.2d 261, 262 (5th Cir. 1968).Table 1: Leidenheimer

Instead, he included only (as relevant here) the transcript from the December 17, 2003, telephonic conference in which the court specified its rationale for its previous decision to impose the enhancement; but, critically, the transcript from this conference reveals no similar statements by the district judge about being bound by the mandatory guidelines to apply a sentence he deemed so severe.See FED. R.APP. P. 10(b)(1)(A) (stating that the appellant must order "transcript of such parts of the proceedings not already on file as the appellant considers necessary"); United States v. Hinojosa, 958 F.2d 624, 632 (5th Cir. 1992) ("We are unable to consider [defendant's sentencing challenge] because [he] has not provided this Court with a record of the sentencing hearing, and no justification is given for not doing so."); Brookins v. United States, 397 F.2d 261, 261 (5th Cir. 1968) ("This appellate court '[C]an only take the record as it finds it, and cannot add thereto, or go behind, beyond, or outside it, and it will not prosecute and independent inquiry' as to what happened in the lower court. . . .") (quoting 4A CORPUS JURIS SECUNDUM, APPEAL AND ERROR § 1206, at 1333); United States v. Narvaez, 38 F.3d 162, 167 (5th Cir. 1994) ("It is the appellant's responsibility to order parts of the record which he contends contain error and his failure to do so prevents us from reviewing this assignment of error."); id. ("As the district court relied upon such evidence and as [defendant] failed to order that portion of the record, this court is precluded from reviewing his allegation."); United States v. Johnson, 584 F.2d 148, 156 n. 18 (6th Cir. 1978) ("It is the responsibility of appellants to insure inclusion in the record of all trial materials upon which they intend to rely on appeal."). There is no reversible error in the conviction and no plain error in the sent

It is appellant's responsibility to order parts of the record which he contends contain error and his failure to do so prevents us from reviewing this assignment of error. Brookins v. United States, 397 F.2d 261, 261 (5th Cir.), cert. denied, 393 U.S. 952, 89 S.Ct. 377, 21 L.Ed.2d 364 (1968). As the district court relied upon such evidence and as Narvaez failed to order that portion of the record, this court is precluded from reviewing his allegation.

ourt with a record of the sentencing hearing, and no justification is given for not doing so. The rules of appellate procedure require the appellant to provide the record, and our caselaw has consistently followed this rule. United States v. Juarez-Fierro, 935 F.2d 672, 675, n. 1 (5th Cir.), cert. denied, ___ U.S. ___, 112 S.Ct. 402, 116 L.Ed.2d 351 (1991) ("Since the appellant failed to order the parts of the record regarding the swearing of the second petit jury, we cannot review his claim"); United States v. Alfaro, 919 F.2d 962, 966, n. 16 (5th Cir. 1990) ("If a defendant reasonably expects us to overturn the factual findings of the trial court, he should strive to provide a thorough evidentiary record on the factual issues") (emphasis in original); United States v. O'Brien, 898 F.2d 983, 985 (5th Cir. 1990) ("It is appellant's responsibility to order parts of the record which he contends contain error and his failure to do so prevents us from reviewing this assignment of error"); Brookins v. United States, 397 F.2d 261, 262 (5th Cir.), cert. denied, 393 U.S. 952, 89 S.Ct. 377, 21 L.Ed.2d 364 (1968) ("This appellate court `[C]an only take the record as it finds it, and cannot add thereto, or go behind, beyond, or outside it . . .'") (quoting 4A C.J.S. Appeal and Error § 1206 at p. 1333). The rulings of other circuits comport with our rulings on the importance of the inclusion of the record.

See U.S. v. Polk, 574 F.2d 964 (8th Cir. 1978), cert. denied, 439 U.S. 849, 99 S.Ct. 150, 58 L.Ed.2d 151 (1979) (not error for district court to consider at bench trial defendant's suppression hearing testimony where counsel agreed to its inclusion at trial). 614 F.2d at 794; see also Brookins v. United States, 397 F.2d 261, 262 (5th Cir.) (not only no objection, but express waiver of an argument by stipulation), cert. denied, 393 U.S. 952, 89 S.Ct. 377, 21 L.Ed.2d 364 (1968). The stipulation is clear and unambiguous on its face. It was relied upon by the district court and by the Government.

" Drake v. General Finance Corp. of La., 5th Cir. 1941, 119 F.2d 588, 589, A number of the authorities so holding are cited in Judge Wisdom's opinion in Smith v. United States, 5th Cir. 1965, 343 F.2d 539. "This appellate court `can only take the record as it finds it, and cannot add thereto, or go behind, beyond, or outside it, and it will not prosecute an independent inquiry' as to what happened in the lower court, not ruled upon by the district judge." Brookins v. United States, 5th Cir. 1968, 397 F.2d 261, 262. I cannot agree that judicial economy requires the scrapping of established procedures.

This matter, however, is not properly before us. It is "hornbook law" that a court of appeals may consider only facts of record, and it is the record alone which controls the facts. Duran v. United States, 413 F.2d 596, 605 (9th Cir.), cert. denied, 396 U.S. 917, 90 S.Ct. 239, 24 L.Ed.2d 195 (1969); accord, United States v. Hedberg, 411 F.2d 607 (9th Cir. 1969); Tanner v. United States, 401 F.2d 281, 288 (8th Cir. 1968), cert. denied, 393 U.S. 1109, 89 S.Ct. 922, 21 L.Ed.2d 806 (1969); Brookins v. United States, 397 F.2d 261, 262 (5th Cir.), cert. denied sub nom, Houston v. United States, 393 U.S. 952, 89 S.Ct. 377, 21 L.Ed.2d 364 (1968); United States v. Brawer, 207 F.2d 111 (3d Cir. 1953); United States ex rel. Collins v. Ashe, 176 F.2d 606, 607 (3d Cir. 1949); see Sleek v. J.C. Penney Co., 324 F.2d 467 (3d Cir. 1963); Drake v. General Finance Corporation of Louisiana, 119 F.2d 588 (5th Cir. 1941); Bono v. United States, 113 F.2d 724, 725 (2d Cir. 1940). See also, Thomson v. Gaskill, 315 U.S. 442, 62 S.Ct. 673, 86 L.Ed. 951 (1942).

Brookins' first liquor law conviction was affirmed. Brookins v. United States, 397 F.2d 261 (5th Cir. 1968), cert. denied sub nom. Houston v. United States, 393 U.S. 952, 89 S.Ct. 377, 21 L.Ed.2d 364 (1968). However, his second conviction had its appellate ups and downs.

They now appeal, claiming the evidence was insufficient to support this verdict. Although no motion for acquittal was presented to the court on behalf of either Brown or Johns, as required by Rule 29, Federal Rules of Criminal Procedure, we have nevertheless followed the example of Brookins v. United States, 5 Cir. 1968, 397 F.2d 261, cert. denied, 393 U.S. 952, 89 S.Ct. 377, 21 L. Ed.2d 364, and examined the record carefully. Finding the evidence sufficient to support the conviction, we affirm.