Gilberto Duarte-Rios v. United States

Appellant was convicted of violating 8 U.S.C.A. § 1326 , which makes it a felony for an alien who has been arrested and deported to thereafter re-enter the United States unless the Attorney General has consented to the alien’s reapplication for admission. As evidence of appellant’s initial deportation, the government offered the Warrant of Deportation, endorsed as having been executed. Appellant objected to the admission of the document on the ground that in reciting the basis for appellant’s deportation the warrant disclosed that appellant had been convicted of illegal possession of a narcotic drug (see 8 U.S.C.A. § 1251 (a) (11)) — a crime unrelated to that for which appellant was then being tried. The objection was overruled. The government later introduced, without objection, a statement signed by appellant admitting in detail commission of the offense charged under 8 U.S.C.A. § 1326 , which also included a recitation of the prior narcotics conviction. The admission of these two references to the prior conviction is the sole basis of the present appeal.

We will assume that the admission of these references was error. We also recognize “that admission of such material is…