United States First Circuit

Conviction and sentence for illegal reentry of a deported alien are affirmed over defendant's arguments that: 1) his right to confrontation under the Sixth Amendment was violated by the admission at trial of a Certificate of Nonexistence of a Record; 2) the district court erred in refusing to instruct the jury that it must find that his prior deportation was lawful beyond a reasonable doubt; 3) the district court erred in imposing a 16-level enhancement under the Sentencing Guidelines for a prior deportation after conviction of a "crime of violence"; and 4) his sentence was in excess of the applicable statutory maximum because the fact that he had previously been convicted of an aggravated felony was not found by the jury beyond a reasonable doubt.

Appellate Information

• Decided 06/06/2007
• Published 06/06/2007

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Charles W. Rankin, with whom Jonathan Harwell and Rankin & Sultan were on brief, for appellant.


• For Appellees:
  
• Seth P. Berman, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.