United States Ninth Circuit

Defendant's conviction for illegal reentry following deportation in violation of 8 U.S.C. section 1326, and for making false claims that he had U.S. citizenship in violation of 18 U.S.C. section 911, is affirmed where: 1) defendant did not comply with section 1326(d)(1)'s exhaustion requirement, and his waiver argument was inapposite and did not excuse the nonexhaustion; and 2) the admission of defendant's warrant of removal did not violate his Confrontation Clause rights. However, defendant's sentence is vacated on cross-appeal by the government where a conviction for making a criminal threat under Cal. Pen. Code section 422 was categorically a conviction for a crime of violence under U.S.S.G. section 2L1.2.

Appellate Information

• Argued 03/02/2010
• Decided 06/14/2010
• Published 06/14/2010

Judges

• Before WILLIAM C. CANBY, JR., RONALD M. GOULD and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Karen P. Hewitt, United States Attorney, Bruce R. Castetter, Mark R. Rehe (argued), Mark Conover, Assistant United States Attorneys, United States Attorney's Office, San Diego, CA, for plaintiff-appellee and cross-appellant the United States of America., Kristi A. Hughes, Federal Defenders of San Diego, Inc., San Diego, CA, for defendant-appellant and cross-appellee Raul Villavicencio-Burruel.