United States Ninth Circuit

Conviction and sentence for illegally re-entering the United States following removal, in violation of 8 U.S.C. section 1326, is affirmed over claims that: 1) the admission into evidence of a certificate of nonexistence of record (CNR) and certain documents from his Alien Registration File (A-file) violated defendant's rights under the Sixth Amendment's Confrontation Clause; 2) the best evidence rule was violated; and 3) a sixteen-level enhancement to his Sentencing Guideline base offense level imposed for a prior conviction of assault with a deadly weapon under California Penal Code section 245(a), is invalid because the prior is not a "crime of violence" within the meaning of U.S.S.G. section 2L1.2(b)(1)(A)(ii).

Appellate Information

• Decided 02/15/2011
• Published 02/15/2011

Judges

• JARVEY

Court

• United States Ninth Circuit

Counsel