Martinez-Garduno

United States v. Martinez-Garduno

Good Law
31 F. App'x 475
United States Court of Appeals for the Ninth CircuitFebruary 26, 2002No. 01-10343; D.C. No. CR-00-00314-KJDCalifornia520 words

Opinion

Lead Opinion

MEMORANDUM *

Jose Angel Martinez-Garduno appeals his conviction for violation of 8 U.S.C. § 1326 . We affirm.

*476 (1) Martínez attacks the use of expert fingerprint comparison evidence for the purpose of identifying him as a person who was previously deported after a felony conviction. He suggests that it was improper under the principle set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), and its progeny. See, e.g., Domingo ex rel. Domingo v. T.K., 276 F.3d 1083 , 1088 (9th Cir.2002); United States v. Alatorre, 222 F.3d 1098, 1100-02 (9th Cm. 2000); United States v. Sherwood, 98 F.3d 402, 408 (9th Cir.1996). However, whatever the merits of that position might be, in this case the overwhelming evidence, including Martinez’ own admission that he was, indeed, the person who had previously been deported, made any error in the admission of fingerprint evidence entirely harmless. See United States v. Hankey, 203 F.3d 1160, 1166-67 (9th Cir.), cert. denied, 530 U.S. 1268 , 120 S.Ct. 2733 , 147 L.Ed.2d 995 (2000). Therefore, we will not reverse on this basis.

(2) Martinez also claims that his admissions should have been…

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