United States v. Adolfo Sandoval-Galvez

MEMORANDUM

Adolfo Sandoval-Galvez (“Sandoval-Galvez”) appeals his conviction for a violation of 8 U.S.C. § 1326 . He contends that the district court abused its discretion when it admitted into evidence certified copies of immigration records documenting his eight prior illegal entries and related removals. We affirm.

The district court’s evidentiary rulings are reviewed for abuse of discretion. United States v. Lynch, 367 F.3d 1148, 1159 (9th Cir.2004). If evidence is improperly admitted, reversal is appropriate only if the error was not harmless. United States v. Derington, 229 F.3d 1243, 1247 (9th Cir.2000). “If, on the record as a whole, consideration by the jury of the evidence for that purpose would not have likely changed its decision, then the error was harmless.” Id.

Sandoval-Galvez contends that the district court abused its discretion under Federal Rules of Evidence 404(b) and 403 when it allowed the government to introduce evidence of eight prior illegal entries and related removals to prove that Sandoval-Galvez knowingly and voluntarily entered the United States on the date in question.

We need not resolve this question, because even assuming that the district…