United States v. Jose Murillo-Perez

MEMORANDUM

Jose Murillo-Perez appeals his jury conviction for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . He also challenges his sentence.

The district court did not err in admitting evidence that Murillo-Perez was permanently barred from reentering the United States. The custodian of the documentary evidence was qualified to authenticate it, and, at the request of the petitioner, the description of the underlying conviction was deleted. The evidence did not remove from the jury’s consideration the issue of whether he had ever applied for reentry, and indeed there was no objection on that ground.

The admission of the certificate of non-existence of record (“CNR”) was harmless error because even without the CNR, there was overwhelming evidence that Murillo-Perez did not get permission to reenter the United States. There was testimony from . the custodian that she could not find an 1-212 document or filing fee in Murillo-Perez’s A-file or C.L.A.I.M.S. database to indicate that Murillo-Perez had applied to reenter. See United States v. Orozco-Acosta, 607 F.3d 1156, 1162 (9th Cir.2010).

The evidence supporting a jury finding of alienage was…