Gonzalez-Bustamante
United States v. Gonzalez-Bustamante
Opinion
Lead Opinion
MEMORANDUM
The defendant, Carlos David Gonzalez-Bustamante, appeals his conviction and sentence for attempted reentry after deportation under 8 U.S.C. § 1326 , and for making a false claim to U.S. citizenship under 18 U.S.C. § 911 . Gonzalez-Busta-mante contends that the Government *548 failed to prove he was an alien, and that his sentence was improper.
To prove that Gonzalez-Bustamante was an alien, the Government introduced exhibits 1 through 12. These exhibits clearly establish his alienage. He contends, however, that the exhibits were improperly admitted. A district court’s ruling on the admission of documentary evidence is reviewed for abuse of discretion. See United States v. Blitz, 151 F.3d 1002, 1007 (9th Cir.1998).
We find no abuse of discretion here. With regard to exhibits 1 through 10, the Government satisfied Rule 901’s authenticity requirement by showing through the certification of the INS District Director that the exhibits came from the INS’s Alien Registry File. See Espinoza v. I.N.S., 45 F.3d 308, 310 (9th Cir. 1995). While they contain hearsay, exhibits 1 through 10 fall within the public records exception of Rule 803(8). See United States v. Contreras,…