* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 January 16, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 03-10061 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ROSAURO CAMACHO BANABAN; ELISEO CRUZ TOLENTINO; JOSE SALTA MAGLALANG JR., Defendants-Appellants. Appeals from the United States District Court for the Northern District of Texas USDC No. 4:02-CR-149-6-Y Before JOLLY, HIGGINBOTHAM and DeMOSS, Circuit Judges.

PER CURIAM: * Defendants-Appellants were convicted of using false attestation in connection with employment in violation of 18 U.S.C. § 154 6(b)(3). Each was sentenced to time served, two years of supervised release, and a special assessment of $100. They have appealed their convictions on several grounds. We find each of their arguments meritless for the following reasons and accordingly AFFIRM.

First, we reject the contentions that the evi dence was insufficient because a reasonable trier of fact could have found, beyond a reasonable doubt, that the defendants knowingly presented a false attestation. United States v. Perrien , 274 F.3d 936, 939 (5th Cir. 2001). Further, any argument that venue was improper was waived when the argument was no t asserted at trial. U nited States v. Delgado-Nunez , 295 F.3d 494, 496 (5th Cir. 2002).

Second, sufficient proof was put forth evincing defendantsÂ’ ability to understand English such that the dis trict courtÂ’s finding that the statements were voluntary, and its admis sion of the statements, were proper. United States v. Alvarado , 898 F.2d 987, 991 (5th Cir. 1990). Third, the district court properly rejected defendantsÂ’ challenges under the Vienna Conve ntion on Consular Relations and the Interna tional Covenant on Civil and Political Rights because neither provision create s individually enforceable rights. S ee United States v. Jimenez-Nava , 243 F.3d 192, 198 (5th Cir. 2001); Flores v. S.

Peru Copper Corp. , 343 F.3d 140, 164 (2d Cir. 2003).

Fourth, t he § 3192 (2003).

Fifth, a hearing should not have been granted and the charges should not have been dismissed for selective pr osecution because the defendantsÂ’ meager presentation of conclusory allegations and statistics was insufficient to create a reasonable doubt as to the constitutionality of prosecution. U nited States v. Jones , 287 F.3d 325, 333-334 (5th Cir. 2002); United States v. Webster , 162 F.3d 308, 334 (5th Cir. 1998) ; U nited States v. Jennings , 724 F.2d 436, 445-46 (5th Cir. 1984).

Sixth, the district court did not abuse its discretion in refusing to dismiss the charges based on prosecutorial misconduct because an A ssistant United States Attorney is permitted to “threaten” a defen dant with more serious charges or an enhanced sentence if he does not plead guilty to the charged offense. See Bordenkircher v. Hayes , 434 U.S. 357, 364 (1978). Further, allegations that the government instructed a witness not to discuss the case with defendants outside the presence of a federal agent are not supported by the record.

Seventh, defend ants did not offer any evidence i.e. newspaper articles, television reports, or other media reports evincing that the jury pool was prejudicially tainted. M ayola v. State of Ala. , 623 F.2d 992, 997 (5th Cir. 1980). Moreover, the district cour t appropriately conducted a thorough voir dire, ensuring that the jurors could set aside any opinions they had of the case. U n ited States v. Davis , 583 F.2d 190, 197 (5th Cir. 1978).

Finally, the district court did not abuse its discretion by adm itting the business records of Sharp Aviation because the governmen t had laid a proper foundation for admission under the b usiness records exception to the hearsay rule. F E D . R. E VID . 803(6); 2 J OHN W ILLIAM S TRONG , M C C ORMICK ON E VIDENCE § 292 (4th ed. 1992).

For the foregoing reasons, the judgments are AFFIRMED.