IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-50828

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GENARO PARGAS-RODRIGUEZ,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 2:12-CR-1234

Before REAVLEY, DENNIS, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Genaro Pargas-Rodriguez was convicted by a jury of one count of 

conspiracy to harbor illegal aliens and two counts of harboring an illegal alien 

for the purpose of commercial advantage and private financial gain. He was 

sentenced to 21 months as to each count and to three years of supervised 

release. Pargas-Rodriguez argues that the district court reversibly erred by 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

August 20, 2014

Lyle W. Cayce

Clerk

 

 Case: 13-50828 Document: 00512740162 Page: 1 Date Filed: 08/20/2014
No. 13-50828

failing to include the trait of helpfulness in the jury instruction on character 

evidence. 

Although Pargas-Rodriguez did not renew his objection when presented 

with the opportunity, his objection at the charge conference “was adequate to 

alert the court of [his] position” that the character evidence instruction should 

include the trait of helpfulness. See United States v. Williams, 985 F.2d 749, 

755 (5th Cir. 1993). Accordingly, we review the district court’s failure to 

provide Pargas-Rodriguez’s requested jury instruction “under an abuse of 

discretion standard, affording the trial court substantial latitude in describing 

the law to the jurors.” See United States v. Rios, 636 F.3d 168, 171 (5th Cir. 

2011). We will reverse the district court’s refusal to give a jury instruction only 

“if the proposed jury instruction was (1) substantively correct, (2) not 

substantively covered in the jury charge, and (3) concerned an important issue 

at trial, such that failure to give the requested instruction seriously impaired 

the presentation of a defense.” United States v. Jones, 132 F.3d 232, 242 (5th 

Cir. 1998). 

The jury was instructed in accordance with the Fifth Circuit Pattern 

Jury Instruction for character evidence. See FIFTH CIRCUIT PATTERN JURY 

INSTRUCTION 1.09. Although the district court did not include the specific trait 

of helpfulness, the jury was instructed that it could consider character evidence 

presented by Pargas-Rodriguez in reaching its verdict. Accordingly, the 

substance of Pargas-Rodriguez’s requested instruction was already 

substantially covered by the jury charge. See Jones, 132 F.3d at 242; see also 

United States v. Whitfield, 590 F.3d 325, 354 (5th Cir. 2009). Further, PargasRodriguez was able to adequately present his defense that he was helping out 

a friend by bringing the occupants of the apartment food and supplies. See 

United States v. Hunt, 794 F.2d 1095, 1098 (5th Cir. 1986). Accordingly, the 

2

 Case: 13-50828 Document: 00512740162 Page: 2 Date Filed: 08/20/2014
No. 13-50828

district court did not abuse its discretion in refusing to include the requested 

jury instruction on helpfulness in the jury charge. See Rios, 636 F.3d at 171. 

The district court’s judgment is AFFIRMED.

3

 Case: 13-50828 Document: 00512740162 Page: 3 Date Filed: 08/20/2014