Opinion
No. 06-20054, Summary Calendar.
July 30, 2007.
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
John Riley Friesell, Bellaire, TX, for Defendant-Appellant.
Appeals from the United States District Court for the Southern District of Texas. USDC No. 4:05-CR-36.
Before JOLLY, DENNIS and PRADO, Circuit Judges.
Morris Dacosta Haughton was convicted by a jury of making a false statement in an application for a United States passport and was sentenced to 24 months of imprisonment. Haughton asserts that the district court abused its discretion by admitting at trial evidence of a booking sheet from Haughton's prior marijuana arrest. He argues that the document was written as part of an adversarial booking process and constituted hearsay that did not fit within the public records exception to the hearsay rule.
Because Haughton's booking information was taken in a routine, nonadversarial setting, it was admissible under the public records exception to the hearsay rule, and thus, the district court did not abuse its discretion. See United States v. Torres, 114 F.3d 520, 525-26 (5th Cir. 1997); United States v. Quezada, 754 F.2d 1190, 1194 (5th Cir. 1985).
Haughton also argues that the district court abused its discretion in denying a motion to depose Haughton's mother. Haughton has not shown that the district court abused its broad discretion in denying the motion. See United States v. Dillman, 15 F.3d 384, 389 (5th Cir. 1994).
Haughton's pro se motions requesting either the appointment of new counsel or an order allowing him to file an amended pro se brief, a pro se reply brief, and a motion to add an exhibit to his pro se reply brief are denied. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
AFFIRMED; ALL OUTSTANDING MOTIONS DENIED.