United States v. Alfredo Alvarez

MEMORANDUM

Afredo Villegas Avarez (“Villegas”) appeals from his conviction following a jury trial on one count of being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. Villegas argues that the district court erred in admitting an alleged Mexican birth certificate found in his certified A-file because the document is hearsay and lacks sufficient authenticity under Rule 901 of the Federal Rules of Evidence. We need not address Villegas’s argument because, even assuming the district court erred in admitting the document, any such error was harmless in light of the overwhelming evidence that Villegas is a native and citizen of Mexico. United States v. Liera, 585 F.3d 1237, 1244 (9th Cir.2009) (“An error is harmless if it is more probable than not that the error did not materially affect the verdict.” (internal quotation marks omitted)).

In addition to the disputed Mexican birth certificate, the government introduced the following: Villegas’s admission during his 1997 deportation proceedings and in statements made to immigration officers that he was a native and…