United States Ninth Circuit

Defendant's conviction of being a deported alien found in the United States is affirmed, where: 1) statements made in a Notice to Appear are not testimonial, and admission of the Notice at trial therefore did not violate the defendant's rights under the Confrontation Clause; 2) defendant's multiple evidentiary objections fail; and 3) the district court did not err in imposing a sentencing enhancement on the ground that defendant's prior convictions for attempted murder and kidnapping qualified as crimes of violence under the categorical approach, where a variation in affirmative defenses does not affect whether a conviction qualifies under the categorical approach.

Appellate Information

• Decided 04/07/2014
• Published 04/07/2014

Judges

• CLIFTON

Court

• United States Ninth Circuit

Counsel