United States v. Johnny Garcia-Perez

MEMORANDUM

On March 31, 2010, a jury convicted defendant-appellant Johnny Garcia-Perez (“Garcia”) of one count of illegal reentry in violation of 8 U.S.C. § 1326 . Garcia now appeals his conviction, contending that the district court erred by: (1) denying his motion to suppress certain statements, (2) denying his motion for a mistrial after a witness insinuated that Garcia had a criminal record, and (3) permitting the warrant of removal to be admitted into evidence at trial over his objections for hearsay, lack of foundation and authentication, and for violation of the Confrontation Clause. We affirm the district court in all respects.

Turning first to the motion to suppress, the district court’s denial of a motion to suppress is reviewed de novo, but the district court’s underlying factual findings are reviewed for clear error. United States v. Mayer, 560 F.3d 948, 956 (9th Cir.2009). “Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.” United States v. Working, 224 F.3d 1093, 1102 (9th Cir.2000) (en banc) (citation omitted). In this ease, the district court did not err in concluding that the defendant had…