United States Eighth Circuit

Warrants of deportation are not "testimonial" evidence that implicate the Confrontation Clause of the Sixth Amendment. A conviction for illegal reentry after deportation is affirmed over a challenge to the admission of evidence of two prior deportations, a prior conviction for illegal re-entry, warrants of deportation. Sentence is vacated as prior conviction for second-degree manslaughter was not a "crime of violence" under 18 U.S.C. section 16, or an "aggravated felony" under section 1326(b).

Appellate Information

• Decided 02/22/2007
• Published 02/22/2007

Judges

• COLLOTON, Circuit Judge., Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John C. Brink, argued, Minneapolis, MN, for Appellant.


• For Appellees:
  
• William H. Koch, Asst. U.S. Attorney, argued, Minneapolis, MN, for Appellee.