United States v. Carlos Kiss-Velasquez

MEMORANDUM

Carlos Enrique Kiss-Velasquez appeals from his conviction and sentence of being an illegal alien found in the United States subsequent to deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

I

Kiss-Velasquez represented to the district court that he would challenge the Government’s proof as to the voluntariness of his entry and would not present an affirmative defense of duress. His contention that the district court erred in granting the government’s motion in limine because his offer of proof satisfied the requirements of a necessity defense has therefore been waived. See United States v. Quintana-Torres, 235 F.3d 1197, 1199 (9th Cir.2000). Furthermore, the facts advanced by Kiss-Velasquez would not have supported a necessity defense as a matter of law. See United States v. Perdomo-Espana, 522 F.3d 983, 987 (9th Cir.2008).

II

The law of this Circuit does not support Kiss-Velasquez’s contention that the admission of a warrant of deportation to substantiate his deportation in 2000 violated his rights under the Confrontation Clause. United States v. Orozco-Acosta, 607 F.3d 1156,…