Nunez

MEMORANDUM **

I. PROOF OF PRIOR CONVICTIONS

*721 Apprendi 1 did not overrule Almendarez-Torres. 2 Under Almendarez-Torres, the Government was not required to prove Nunez’s prior felony convictions beyond a reasonable doubt.

By their terms, the Federal Rules of Evidence do not apply at sentencing. 4 Thus, the district court did not err in allowing the Government to prove Nunez’s two California convictions with certified copies of court records which were not entitled “Judgment of Conviction.” Moreover, even if it had erred, that error would be harmless. 5 Subtracting the six criminal history points that are arguably attributable to these two convictions would still leave Nunez with a criminal history of thirteen. Thus, his criminal history category of VI would remain unchanged.

II. PRODUCTION OF COURT TRANSCRIPTS

The district court did not abuse its discretion 7 in refusing to order the Government to produce court transcripts from Nunez’s prior convictions. As the district court took pains to explain, if the records of conviction the Government produced are inaccurate, Nunez must seek correction from the states that allegedly committed the errors. He may not collaterally…